NORMAL HEIGHTS COMMUNITY PLANNING GROUP BYLAWS

Approved February 29, 2016 (City Council Resolution R-310255 NS)

ARTICLE I. NAME

Section 1. The official name of this organization is the Normal Heights Community Planning Group (NHCPG).

Section 2. All activities of this organization shall be conducted in its official name. Section 3. The community planning area boundaries for the Normal Heights

Community Planning Group are the boundaries of the Normal Heights community, as shown on Exhibit A.

Section 4. Meetings of the Normal Heights Community Planning Group shall be held within these boundaries, except that when the Normal Heights Community Planning Group does not have a meeting facility within its boundaries that is accessible to all members of the public, they may meet at the closest meeting facility.

Section 5. The official positions and opinions of the Normal Heights Community Planning Group shall not be established or determined by any organization other than the planning group, nor by any individual member of the planning group other than one authorized to do so by the planning group.

ARTICLE II. Purpose of Community Planning Group and General Provisions

Section 1. The Normal Heights Community Planning Group was formed and recognized by the City Council to make recommendations to the City Council, Planning, Commission, City Staff, and other governmental agencies on land use matters, specifically concerning the preparation of, adoption of, implementation of, or amendment to, the General Plan or a land use plan when a plan relates to the Normal Heights community boundaries. The planning group also advises on other land use matters as requested by the City or other governmental agency as detailed in Council Policy 600–24, Article II: Purpose of Community Planning Groups and General Provisions.

Section 2. In reviewing individual development projects, the Normal Heights Community Planning Group board should focus such review on conformance with the Land Development Code and adopted community plan and/or the General Plan. Preliminary comments on projects may be submitted to the City during the project review process. Whenever possible, the formal planning group recommendation should be submitted no later than the end of the public review period offered by the environmental review process. Upon

receipt of plans for projects with substantive revisions, the planning group may choose to rehear the project and may choose to provide a subsequent formal recommendation to the City.

Section 3. All activities of the Normal Heights Community Planning Group board shall be nonpartisan and nonsectarian and shall not discriminate against any person or persons by reason of race, color, sex, age, creed, national origin, sexual orientation, or physical or mental disability. In addition, meeting facilities must be accessible to disabled persons.

Section 4. The Normal Heights Community Planning Group board shall not take part in, officially or unofficially, or lend its influence in, the election of any candidate for political office. Normal Heights Community Planning Group members shall not identify affiliation with the planning group when endorsing candidates for public office. The planning group may take a position on a ballot measure.

Section 5. The Normal Heights Community Planning Group’s failure to respond to the City’s request for input on the preparation of, adoption of, implementation of, or amendment to, the General Plan or a community, precise, or specific plan, or failure to review and reply to the City in a timely manner on development projects shall result in the forfeiture of rights to represent the Normal Heights community for these purposes. Such a determination resulting in the forfeiture of rights to represent its community for these purposes shall be

made only by the City Council upon the recommendation of the Mayor’s office.

Section 6. The Normal Heights Community Planning Group operates under the authority of the Ralph M. Brown Act that requires that meetings of the planning group are open and accessible to the public. In addition, Council Policy 600–24, “Standard Operating Procedures and Responsibilities of Recognized Community Planning Groups,” and these bylaws govern the operations of the planning group. Several provisions of these bylaws constitute Brown Act requirements as outlined in the Policy.

Amendments to Council Policy 600–24 will apply to the Normal Heights Community Planning Group, as well as to all other community planning groups, even if individual groups’ bylaws are not required to be amended with parallel language.

In addition, the Administrative Guidelines provide explanations of the Policy’s minimum standard operating procedures and responsibilities of this planning group. The latest version of Robert’s Rules of Order is used when the Policy, the Administrative Guidelines, and these bylaws do not address an area of concern or interest. To the extent they do not conflict with Robert’s Rules of Order, provisions of Rosenberg’s Rules may be utilized.

Section 7. The Normal Heights Community Planning Group may propose amendments to these bylaws by a two–thirds vote of the voting members of the planning

group. Proposed amendments shall be submitted to the offices of the Mayor and the City Attorney for review and approval. Any proposed amendments that are inconsistent with Council Policy 600–24 shall not be approved by the Mayor and the City Attorney and shall be forwarded to the City Council president who shall docket the matter for Council consideration. Bylaws amendments are not valid until approved by the City.

ARTICLE III. Community Planning Group Organization

Section 1. The Normal Heights Community Planning Group shall consist of fifteen (15) elected members to represent the community. These members of the planning group shall constitute the officially recognized community planning group for the purpose of these bylaws and Council Policy 600–24. Seven seats will be up for election in odd years, and eight seats will be up for election in even years.

Section 2. Council Policy 600–24 requires that elected members of the Normal Heights Community Planning Group shall, to the extent possible, be representative of the various geographic sections of the community and diversified community interests.

On the Normal Heights Community Planning Group, elected seats are filled by any eligible member identified below. There is no further restriction on the distribution of seats among interests in the community.

Any member of the public may attend a Normal Heights Community Planning Group meeting, however, there are several situations where an individual may choose to sign into a meeting and demonstrate to the NHCPG their qualifications to become an eligible member of the community. An eligible member of the community must meet qualifications in the paragraphs following this one. To vote in a Normal Heights Community Planning Group election, an eligible member must have documented attendance at two planning group meetings in the 12 months prior to the March election. To become a candidate in the March election, an eligible member of the community must also have documented attendance at two planning group meetings in the 12 months prior to the regular February meeting.

Normal Heights Community Planning Group members shall be elected by and from eligible members of the Normal Heights community. . To become an eligible member of the community, an individual must be at least 18 years of age and shall be affiliated with the community as a:

Property owner, who is an individual identified as the sole or partial owner of record, or their designee, of a real property (either developed or undeveloped), within the community’s planning area, or

Resident, who is an individual whose primary address of residence is an address in the community’s planning area, or

Local businessperson, who is a local business or not-for-profit owner, operator, or designee at a non-residential real property address in the community’s planning area: only one representative of a particular establishment may hold a seat on the community planning group at one time.

An individual may become an eligible member of the community by attending two meetings of the Normal Heights Community Planning Group and submitting an application form to the planning group Secretary demonstrating qualifications to be an eligible member of the community prior to the March election.

Member application forms are available at the regular monthly meetings of the Normal Heights Community Planning Group, or they may be completed online at the NHCPG’s Facebook page at www.facebook.com/NHCPG or emailed to: NHCPGsecretary@gmail.com.

Once the eligibility to vote is established, an individual remains an eligible member of the community until a determination is made that the individual does not meet the planning group’s criteria and the planning group takes formal action. However, the Normal Heights Community Planning Group shall require proof of eligibility during elections.

Section 3. Members of the Normal Heights Community Planning Group shall be elected to serve for fixed terms of two years with expiration dates during alternate years to provide continuity.

No person may serve on the Normal Heights Community Planning Group for more than eight (8) consecutive years.

The eight-year limit refers to total maximum consecutive years of service time, not to individual seats held.

After a one-year break in service as a planning group member, an individual who had served for eight consecutive years shall again be eligible for election to the planning group.

The planning group will actively seek new members to the extent feasible. If not enough new members are found to fill all vacant seats, the planning group may retain some members, who have already served for eight consecutive years, to continue on the planning group without a break in service limited to a one year extension. Refer to Council Policy 600–24, Article III, Section 4 for further clarification.

Section 4. A member of the Normal Heights Community Planning Group must retain eligibility during the entire term of service.

Section 5. A member of the Normal Heights Community Planning Group found to be out of compliance with the provisions of Council Policy 600–24 or the planning group’s adopted bylaws risks loss of defense and indemnification [legal protection and representation] pursuant to Ordinance No. O–19883 NS, and any future amendments thereto.

Section 6. Some provisions of these bylaws constitute requirements under the Brown Act, as outlined in Council Policy 600–24. A member of the Normal Heights Community Planning Group who participates in a meeting of the planning group where actions are alleged to have been in violation of the Brown Act may be subject to civil or criminal consequences.

ARTICLE IV. Vacancies

Section 1. The Normal Heights Community Planning Group shall find that a vacancy exists upon receipt of a resignation in writing from one of its members or upon receipt of a written report from the planning group’s secretary reporting the third consecutive absence, or fourth absence in the 12–month period of April through March, of a member(s) from the planning group’s regular meetings. The Normal Heights Community Planning Group does not allow leaves of absence.

A vacancy may also exist following a vote of a community planning group as described in Article III, Section 5 of Council Policy 600–24 related to ineligibility, or following conclusion of a member–removal process conducted under Article IX of the Policy, or due to adopted bylaws violations.

Section 2. Vacancies that may occur on the Normal Heights Community Planning Group should be filled not later than 120 days following the date of the determination of the vacancy. The term of office of any member filling a vacancy shall be for the balance of the vacated term.

The Normal Heights Community Planning Group should fill a vacancy by placing an item on the group’s noticed agenda for that action. At the regular meeting at which the vacancy is declared, the Chair shall appoint a Nominating Committee to prepare a list of eligible members who have attended a minimum of two (2) regular NHCPG meetings in the 12–month period of April through March. This list is to be submitted to the Normal Heights Community Planning Group at the earliest possible regular meeting. Candidate eligibility shall be limited to the eligible members as defined in Article III, Section 2. Candidate(s) shall be voted on by the remaining Normal Heights Community Planning Group members. Filling the vacancy shall be scheduled as an action item on the Agenda at a noticed, public meeting and voting to fill the vacancy will require the voting to be disclosed and recorded in the minutes.

Two or more concurrent vacancies on the Normal Heights Community Planning Group shall be filled by a vote of all eligible members of the community by secret written ballot. The voting shall not occur as part of a planning group meeting although the results shall be announced during the meeting.

Section 3. When the Normal Heights Community Planning Group is unable to fill a vacancy within the 120 days as specified above, and the planning group board has more than twelve members, a search for a new member should continue; however, either the seat may remain vacant until the next planning group election, or these bylaws may be amended to permit decreased membership to a minimum of 12 members. If a vacancy remains for more than 60 days from the time a vacancy is declared, and there are less than twelve (12) elected planning group board members in good standing, the planning group shall report in writing the efforts made to fill the vacancy to the City. If, after 60 additional days, the elected planning group board membership has not reached 12 members, the planning group will be deemed inactive until it has attained at least 12 members in good standing.

ARTICLE V. Elections

Section 1. General elections of Normal Heights Community Planning Group members shall be held during the month of March in accordance with the Normal Heights Community Planning Group’s adopted elections procedures.

The Normal Heights Community Planning Group’s general elections shall be held annually.

The deadline to qualify for candidacy in the March election shall be prior to the February noticed regular or special meeting of the full Normal Heights Community Planning Group preceding the election. The planning group’s Elections Subcommittee shall be established no later than January and shall begin soliciting eligible members of the community to become candidates. The members of the Elections Subcommittee shall be those members of the NHCPG who are not eligible to run for re-election. In February, the Elections Subcommittee shall present to the planning group a complete list of interested candidates collected up to that point. Candidates may be added at the February meeting. A candidate forum may be advertised and held at the February meeting.

In order to be a candidate in the March election, an eligible member of the community (see Article III, Section 2) must have documented attendance at two of the planning group’s last 12 meetings prior to the February regular planning group meeting preceding the election.

Section 2. The Normal Heights Community Planning Group shall make a good faith effort to utilize appropriate means to publicize the planning group’s eligibility requirements for candidacy and the upcoming election.

In the election process, the planning group shall seek enough new candidates to exceed the number of seats open for election in order to allow those who have served for eight consecutive years to leave the group for at least one year.

The Normal Heights Community Planning Group holds its election immediately prior to the regular March meeting at the location of the meeting. The election shall be advertised separately from the meeting notice. The Elections Subcommittee shall conduct the election and count the ballots cast. The Elections Subcommittee shall report the results of the election as a scheduled item on the March NHCPG meeting agenda immediately following.

The Normal Heights Community Planning Group will require proof of identity of those eligible community members who are seeking to vote in the election. The planning group’s Secretary shall ensure that voting is only by eligible members of the community.

The ballot presented to eligible community members to vote will clearly identify which seats individual candidates are running for, how many candidates can be selected, whether there are limitations on which candidates various categories of eligible community members can vote for and which candidates, if any, must receive a 2/3 majority of the vote due to service beyond eight or nine years of consecutive service. See Attachment H discussion about candidates’ eligibility.

The planning group’s policy related to write–in candidates is that write–in candidates are not allowed. The planning group’s policy related to absentee voting is that absentee voting is not allowed.

Section 3. Voting to elect new community planning group members shall be by secret written ballot. Proxy voting in elections is not allowed under any

circumstances. Development and promotion of “slates” of candidates is contrary to the intent of Council Policy 600–24 and is not allowed.

Candidates running for a seat on the NHCPG must receive at least two votes to be elected. Any candidate receiving less than two votes will be removed from the list of successful candidates. A candidate seeking a seat on the NHCPG will be seated before it is determined whether candidates seeking to serve beyond eight years meet the criteria in Council Policy 600-24, Article III, Section 4 to continue service. See Attachment H for the steps in the process.

Section 4. An election becomes final after announcing the election results at the conclusion of the noticed, regular March monthly planning group meeting. The Chair is responsible for preparing, certifying, and forwarding the election report to the City. New planning group members shall be seated in April at

the start of the regular meeting in order to allow their full participation as elected members at the April planning group meeting.

Any challenge to the election results must be filed with the chair of the Elections Subcommittee in writing within 24 hours of the counting of the ballots in order to allow enough time to resolve the issue.

The first action item on the April agenda shall be the election of the Planning Group’s Chair. The most senior member of the Normal Heights Community Planning Group in terms of years of service, will open the meeting and conduct the election of the new Chair. The “gavel” will then be turned over to the new Chair who will conduct the election of the other officers: Vice- Chair, Secretary, and Treasurer. The new Chair then continues with the meeting agenda.

Section 5. Attachment H contains additional voting procedures.

ARTICLE VI. Community Planning Group and Planning Group Member Duties

Section 1. It is the duty of the Normal Heights Community Planning Group to work cooperatively with the City throughout the planning process, including, but not limited to, the formation of long–range community goals, objectives and proposals or the revision thereto for inclusion in a General or Community Plan.

It is the duty of all planning group members to conduct official business of the planning group in a public setting. It is recognized that the officers of the planning group may oversee administrative business of the planning group, such as the assembling of the draft agenda, in preparation for public discussions. However, all substantive discussions about agenda items or possible group positions on agenda items shall occur at the noticed planning group meeting.

It is the duty of a planning group as a whole, and of each individual member, to refrain from conduct that is detrimental to the planning group or its purposes under Council Policy 600–24. No member shall be permitted to disturb the public meeting so as to disrupt the public process as set forth on

the planning group’s agenda. Section 2. (a) Meeting Procedures

It shall be the duty of each member of the Normal Heights Community Planning Group to attend all meetings of the planning group and to remain until adjournment unless the member has a health-related issue or other personal emergency as recognized and excused by the Chair.

REGULAR AGENDA POSTING — At least 72 hours before a regular meeting, the agenda containing a brief general description of each agenda item shall be posted. The brief general description of each agenda item need not exceed 20 words per item unless the item is complex. The agenda shall also provide notice of the date, time, and location of the meeting. The agenda shall be posted in a place freely accessible to the general public, and online as described in Attachment F, and shall include information on how a request for accessible accommodation may be made.

The listing of the agenda item shall include the intended action of the planning group regarding that item, e.g., information item, action item.

The agenda shall be offered to the City for posting on the City’s website, and should be posted on sites utilized by the Normal Heights Community Planning Group at least 72 hours in advance of the meeting.

PUBLIC COMMENT — Any interested member of the public may comment on agenda items during regular or special planning group meetings. In addition, each agenda for a regular planning group meeting shall allow for a public comment period at the beginning of the meeting for items not on the agenda, but which are within the scope of authority of the planning group. Planning group members may make brief announcements or reports to the planning group on their own activities under the public comment section of the agenda. The planning group may adopt time limits for public comment to ensure operational efficiencies.

ADJOURNMENTS AND CONTINUANCES — If the Normal

Heights Community Planning Group does not convene a regularly scheduled meeting, there shall be a copy of the “Notice of Adjournment” of the meeting posted on or near the door of the place where the adjourned meeting was to be held within 24 hours after the time the meeting was to be held. The NHCPG will strive to post the Notice online at the locations identified in Attachment F.

If a meeting is adjourned because less than a quorum was present, a new regular meeting agenda must be prepared. If a meeting is adjourned because no members of the planning group were present, the subsequent meeting, if not a regular meeting, must be noticed as if a special meeting.

CONTINUED ITEMS — If an item is continued from a prior regular meeting to a subsequent meeting more than 5 days from the original meeting, a new agenda must be prepared as if a regular meeting; otherwise the original meeting agenda is adequate.

CONSENT AGENDA — For items to be considered for a “Consent Agenda,” all of the following are required:

A subcommittee of the planning group has discussed the item at a noticed subcommittee meeting, and

All interested members of the public were given an opportunity to address the subcommittee, and
- The item has not changed substantially since the subcommittee’s consideration.

The comments of the subcommittee and those made by interested members of the public should be reflected in the minutes of the subcommittee. Any interested member of the public may comment on a consent agenda item.

Any interested member of the public may take a consent agenda item off the consent agenda by request.

QUORUM AND PUBLIC ATTENDANCE — A quorum, defined as a majority of non-vacant seats of a planning group, must be present in order to conduct business, to vote on projects, and to take actions at regular or special planning group meetings.

No member of the public shall be required, as a condition of attendance at any meeting of the planning group, to register or provide any other information. Any attendance list or request for information shall state clearly that completion of such information is voluntary and that it is a public document. No member of the public may be charged a fee for admittance.

DEVELOPMENT PROJECT REVIEW — The Normal Heights Community Planning Group may not, as a condition of placing an item on the agenda, require applicants to submit additional information and materials beyond which the applicant has been required to submit as part of the City’s project review application process.

When reviewing development projects, the planning group shall allow participation of affected property owners, residents and business establishments within proximity to the proposed development.

The planning group shall directly inform the project applicant or representative in advance each time that such review will take place and provide the applicant with an opportunity to present the project.

ACTION ON AGENDA ITEMS – An item not noticed on the agenda may be added if either two-thirds of the voting members of a community planning group, or every member, if less than two-thirds of the voting members of the community planning group are present, determined by a vote that there is a need to take an immediate action, but only if the need for action came to the attention of the planning group subsequent to the agenda being posted.

A two-thirds vote of the voting members of the community planning group is required to remove an elected (or appointed) community planning group member in accordance with Article IX.

Removing a member due to ineligibility in accordance with Article III, Section 2, requires a majority vote of the voting members of the community planning group for the purpose of ratifying the findings presented by the Secretary to the group.

Amendments to adopted bylaws require a two-thirds vote of the voting members of the Normal Heights Community Planning Group.

A vote to approve a community plan update or a community plan amendment requires a majority vote of the voting members of a community planning group.

All other community planning group actions, including subcommittee votes, only require a simple majority of the voting members of the community planning group in attendance when a quorum is present.

The Normal Heights Community Planning Group’s chair fully participates in planning group discussions, but does not vote except to break a tie.

The planning group shall not engage in, or allow, secret ballot or proxy voting on any agenda item. Other methods of absentee voting on agenda items, such as by telephone or by e-mail, are also prohibited.

Votes taken on agenda items shall reflect the positions taken by the elected or appointed positions on the planning group identified in Article III, Section 1 of Council Policy 600–24.

COLLECTIVE CONCURRENCE — Any attempt to develop a collective concurrence of the members of the Normal Heights Community Planning Group as to action to be taken on an item by members of the planning group, either by direct or indirect communication, by personal intermediaries, by serial meetings, or by technological devices, is prohibited, other than at a properly noticed public meeting.

SPECIAL MEETINGS — The chair of the Normal Heights Community Planning Group, or a majority of planning group members, may call a special meeting. An agenda for a special meeting shall be specified as such and shall be prepared and posted at least 24 hours before a special meeting.

Each member of the planning group shall receive the written notice of the meeting at least 24 hours before the time of the meeting as specified in the notice unless the member files with the planning group secretary a written waiver of notice at, or prior to, the time of the meeting. Written notice shall be delivered to each local newspaper of general circulation and radio or television station requesting notice in writing at least 24 hours before the time of the meeting. The notice shall identify the business to be transacted or discussed at the meeting. No other business shall be considered at this

meeting. Public testimony on agenda items must be allowed; however, the non-agenda public comment period may be waived.

EMERGENCY MEETINGS — Emergency meetings, requiring no public notice, are called for matters related to public health and safety. These matters are outside of the purview of the Normal Heights Community Planning Group and are prohibited under these bylaws.

RIGHT TO RECORD — Any person attending a meeting of the Normal Heights Community Planning Group must be allowed to record or photograph the proceedings in the absence of a reasonable finding by the planning group that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the meeting.

DISORDERLY CONDUCT — In the event that any planning group meeting is willfully interrupted by a person, or group of persons, so as to make the orderly conduct of the meeting infeasible, the planning group may first cause removal of the individual or individuals. If that is unsuccessful, then the planning group may order the meeting room cleared and continue in session on scheduled agenda items without an audience, except that representatives of the media shall be allowed to remain. The planning group may also readmit an individual or individuals who were not responsible for the disruption.

(b) Subcommittees

The Normal Heights Community Planning Group may establish standing and ad hoc subcommittees when their operation contributes to more effective discussions at regular planning group meetings.

STANDING SUBCOMMITTEES — Pursuant to the purpose of the Normal Heights Community Planning Group as identified in Article II, Section 1, the planning group has established one standing subcommittee and creates, as needed, ad hoc subcommittees to address a particular planning or operation matter [such as the Elections Subcommittee]. The one standing NHCPG subcommittee is the Projects Review Subcommittee, which shall have at least two (2) members who review development projects, reports their findings to the full Board for its consideration, and whose duration is ongoing.

AD HOC SUBCOMMITTEES — Ad hoc subcommittees may be established for a finite period of time to review more focused issue areas and or formed to focus on an issue of importance to the overall community and shall be disbanded following their review. They shall hold noticed, public meetings and report to the NHCPG Board at regularly scheduled meetings.

SUBCOMMITTEE COMPOSITION — Subcommittees shall contain a majority of members who are members of the planning group. The Chair of the NHCPG is an ex officio member of all subcommittees.

Non-members, who are duly appointed by a planning group to serve on a subcommittee, may be indemnified by the City in accordance with Ordinance No. O–19883 NS and any future amendments thereto, provided they satisfy any and all requirements of the Administrative Guidelines. Non-planning group subcommittee members must be identified as such in the planning group’s minutes and must attend the first COW available to them, either electronically or in person, within sixty (60) days of their joining a subcommittee.

RECOMMENDATIONS — Subcommittee recommendations must be brought forth to the full planning group for formal vote at a noticed public meeting. In no case may a committee or subcommittee recommendation be forwarded directly to the City as the formal recommendation of the planning group without a formal vote of the full planning group.

(c) Recusals and Abstentions

RECUSALS — Any member of the Normal Heights Community Planning Group with a direct economic interest in any project that comes before the planning group or its subcommittees must disclose to the planning group that economic interest and must recuse from voting and not participate in any manner as a member of the planning group for that item on the agenda.

ABSTENTIONS — In limited circumstances, planning group members may abstain from either voting on an action item or from participating and voting on an action item. The member must state, for the record, the reason for the abstention.

(d) Meeting Documents and Records

AGENDA BY MAIL — Requests to mail copies of a regular agenda and any accompanying material shall be granted. Such materials shall be mailed when the agenda is posted, or upon distribution to a majority of the members of the community planning group, whichever occurs first. A request to receive agendas and materials may be made for each calendar year and such request is valid for that entire year, but must be renewed by January 1 of the following year. A cost-recovery fee may be charged for the cost of providing this service.

AGENDA AT MEETING — Any written documentation, prepared or provided to City staff, applicants, or planning group members that is distributed at the planning group meeting, shall be made available upon request for public inspection without delay. If such material is distributed at the planning group meeting, then it shall be made available upon request at

the meeting. If such material is prepared by someone other than City staff, applicants, or planning group members, or is received from a member of the public during public testimony on an agenda item, then the material shall be made available for public inspection at the conclusion of the meeting. A cost recovery fee may be charged for the cost of reproducing any of the materials requested by an individual or individuals.

MINUTES — For each planning group meeting, a report of Normal Heights Community Planning Group member attendance and a copy of approved minutes shall be retained by the planning group and shall be available for public inspection. A copy of the draft minutes should be made available as soon as possible but no later than the group’s next regularly scheduled meeting. They will also be posted on the websites utilized by the NHPG. The minutes of the NHCPG shall include the votes taken on each action and reflect the names for, against, and abstaining when the vote is not unanimous. Recusals shall also be recorded. Minutes should record speakers and public testimony and whether each project applicant (whose project was subject to planning group action) appeared before the planning group. If an applicant did not appear before the planning group, then the meeting minutes must indicate the date when and type of notification (e.g., electronic, telephonic, facsimile) provided to the applicant requesting his or her appearance at the planning group meeting. A copy of the approved minutes shall be submitted to the City within fourteen (14) days after approval by the planning group and will be posted to the websites utilized by the NHCPG within 14 days of approval.

The Normal Heights Community Planning Group is not required to audio or videotape meetings, but if recordings are made, they are subject to a public request to inspect without charge. A cost-recovery fee may be charged for copies of recordings.

RECORDS RETENTION — Normal Heights Community Planning Group records must be retained for public review. Community planning group records are meeting agendas and any other writings that are distributed to at least a majority of the group members in connection with a matter subject to consideration at an open meeting of the group. Community planning group records do not include writings that are required to be submitted to the City in accordance with Council Policy 600–24 to substantiate and document the Normal Heights Community Planning Group’s operation and compliance. The Normal Heights Community Planning Group also receives materials that do not qualify as records. The Administrative Guidelines discuss categories of material that are City records, community planning group records, and non-records.

Section 3. It shall be the duty of the Normal Heights Community Planning Group and its members to periodically seek community-wide understanding of and participation in the planning and implementation process as specified in Article II, Section 1. The planning group shall give due consideration to all

responsible community attitudes insofar as these are deemed to be in the best long-range interest of the community at large.

Section 4. It shall be the duty of the Normal Heights Community Planning Group to maintain a current, up-to-date roster of the names, terms, and category/qualifications of planning group members in its possession and to forward the current roster, as well as any updates, to the City. The planning group must also submit to the City, an annual report of accomplishments for the past 12 months and anticipated objectives for the coming year related to Article II, Section 1 above. Rosters and annual reports constitute disclosable records under the Brown Act.

Section 5. The Normal Heights Community Planning Group may develop a policy for financial contributions from the citizens of the community for the purposes of furthering the efforts of the planning group to promote understanding and participation in the planning process. However, no membership dues shall be required and no fee may be charged as a condition of attendance at any planning group meeting. All contributions must be made voluntarily, and no official planning correspondence may be withheld based on any individual’s desire to not make a voluntary contribution.

Voluntary financial contributions shall be used to defray the costs of photocopying, stationery, postage, and other legitimate expenses related to the efficient functioning of the Group. Requests for photocopies of approved minutes, agendas by mail, or other material in the Group’s files, shall be charged at cost and payable in advance. From attachment now deleted

Section 6. Each elected Normal Heights Community Planning Group member is required to attend an orientation training session administered by the City as part of planning group and individual member indemnification pursuant to Ordinance No. O-19883 NS and any future amendments thereto. If it is not possible for a new member to attend the training session as required, or if a new member is seated through a special election or in a month other than March, then the member shall successfully complete the online orientation training.

As required by O-19883 NS, newly seated planning group members must complete a basic orientation training session within 60 days of being elected or appointed to a planning group or the member will be ineligible to serve. The basic orientation training session will be scheduled within 60 days of the last day of March each year to meet this ordinance requirement.

ARTICLE VII. Planning Group Officers

Section 1. The officers of the Normal Heights Community Planning Group shall be elected by and from the elected members of the planning group board. Said officers shall consist of a Chair, Vice–Chair, Secretary, and Treasurer. The length of an officer’s term shall be one year, commencing with the annual

April election of officers by the newly seated and continuing elected planning group board members.

An officer’s term shall end with the call to order by the most senior re– elected or continuing member of the planning group at the regular April meeting. The most senior member is the elected member who has the longest continuous service on the planning group board.

The senior member shall chair the April meeting, and as the first order of business, conduct the election of the new Chair, who will immediately assume office and continue the meeting as the board elects the Vice–Chair, Secretary, and Treasurer.

No person may serve in the same planning group office for more than eight consecutive years, the same as the term limits of a board member. After a period of one year in which that person did not serve in the same planning group office, that person shall again be eligible to serve in that office.

Section 2. Chair. The Chair shall be the principal officer of the Normal Heights Community Planning Group and shall preside over all Group and community-wide meetings. The Chair is responsible for setting and publicly posting/distributing the monthly meeting agenda, is the point of contact for

development applicants, establishes subcommittees as specified in Article VI, presents the positions and views of the Normal Heights Community Planning Group to the City, and maintains a civil meeting environment and sets time limits on speakers when necessary.

The Chair is an ex officio member of all committees, subcommittees, and ad hoc subcommittees.

Appeals of discretionary decisions to the City shall be made by the Chairperson or, if necessary because of direct economic interest or absence, by a designee identified to appeal that particular action on behalf of the planning group.

The Chair or, upon delegation, the Vice-Chair of the NHCPG shall present to the City in writing the Group’s position(s) on non-project review recommendations.

The Community Planning Group Budget Guidelines issued by the City and effective July 1, 2014 shall be followed when seeking reimbursement for planning group expenses. The Chair, or their designee, is responsible for ensuring the legitimacy, validity, and appropriateness of all operating expenses.

Section 3. Vice–Chair. In the absence of the Chair, the Vice–Chair shall perform all the duties and responsibilities of the Chair. In addition, the Vice–Chair shall work with City staff to carry out the City’s Records Retention Policy and Procedures as outlined in Attachment B of these Bylaws. To assure public

access, the Vice–Chair shall be responsible for posting approved NHCPG minutes to the City and NHCPG websites and shall maintain a current roster of NHCPG members on file in the offices of the Planning Department.

It shall be the duty of the Vice–Chair of the Normal Heights Community Planning Group to work with City staff to ensure that all records of the NHCPG meet the City’s records retention policy and that the NHCPG retains records in accordance with Article VI, Section 2 (d) (iv).

Section 4. Secretary. The Secretary shall be responsible for the Planning Group’s correspondence, attendance records, and minutes and actions, including identification of those Group members who constitute a quorum, who vote on an action item, and who may abstain or recuse, and the reasons, and shall assure that Planning Group members and members of the public have access to this information. To assure public access, the Secretary shall maintain a notebook containing a copy of these bylaws, approved agendas and minutes, copies of the monthly sign-in sheet, and proposals from developers who have appeared before the Group. This notebook shall be located in the offices of the Adams Avenue Business Association (AABA), 4649 Hawley Blvd. and shall be available to the public during AABA’s normal business hours or by arrangement with the AABA staff. The Secretary’s notebook, a map showing the boundaries of Normal Heights (Attachment A), a map of the community planning area, showing the three planning subareas, and a copy of the Mid– Cities Community Plan shall be made available for public inspection during regular meetings of the Planning Group.

The Secretary shall be responsible for keeping attendance records of the elected planning group board members and eligible members of the community to assist in qualifying voters at the March election.

Section 5. The Treasurer shall work with the Group’s fiduciary agent, the Normal Heights Community Development Corporation, to collect, disburse, and maintain all financial records for the Planning Group. The treasurer shall give monthly updates on the financial status of the Normal Heights Community

Planning Group. The Treasurer is the Planning Group’s “vendor” for purposes of receiving reimbursement from the City for the Planning Group’s expenses. The treasurer must provide sufficient personal and tax information as required by the City of all vendors.

Section 6. Resignation of an Officer. The four officers of the NHCPG are elected by the sitting members under the provisions of Article VII, Planning Group Officers, Section 1. If an elected officer resigns from their position, but not from the NHCPG, the Chair shall solicit a volunteer from the NHCPG to fill the position.. No vacancy is created and no Special Election is required. The Chair may then appoint the volunteer to assume the duties of the vacated officer position.

If an elected officer resigns from their position and the NHCPG, the NHCPG may solicit a replacement from eligible members of the community according

to the provisions of Article IV, Section 2. If an eligible member of the community agrees to serve, the NHCPG may appoint that person to the vacated seat on the NHCPG. However, a vote on the replacement candidate must be held by the NHCPG and listed as an action item for the next regularly scheduled, noticed public meeting. Following the appointment of a new NHCPG member, any sitting NHCPG member may volunteer to fill the officer position.

Section 7. The Chair shall be the recognized community planning group’s representative to the Community Planners’ Committee (CPC), with an alternate appointed by the Board. However, by vote of the planning group, a planning group member other than the chair may be selected as the officially designated representative to CPC with the same voting rights and privileges as the chair.

Designation of a member other than the chair for either representative, as well as for the planning group’s alternate, to CPC shall be forwarded in writing by the Chair to the staff representative to CPC prior to extension of voting rights and member attendance.

Section 8. The Normal Heights Community Planning Group officers and representatives to the CPC shall promptly disseminate to all elected planning group members any pertinent information that is received by the planning group regarding its official business.

ARTICLE VIII. Planning Group Policies and Procedures

Section 1. The Normal Heights Community Planning Group bylaws incorporate policies and procedures directed by Article I through VII of Council Policy 600–24.

These bylaws also contain some policies and procedures recommended in Article VIII of Council Policy 600–24 and list additional forms and procedures that are found in Attachments B through I.

ARTICLE IX. Rules and Liabilities of Recognized Community Planning Groups

Section 1. Indemnification and Representation: The Normal Heights Community Planning Group and its duly elected or appointed members have a right to representation by the City Attorney and a right to indemnification by the City under Ordinance O-19883 NS and any future amendments thereto, if the claim or action against them resulted from their obligation to advise and assist the City and its agencies with land use matters as specified in Council Policy 600–24, Article II, Section 1; their conduct was in conformance with the Policy and these bylaws; and all findings specified in the ordinance can be made.

Section 2. Brown Act Remedies: The Normal Heights Community Planning Group and its duly elected members may be subject to both Council Policy 600–24 violations as described in Section 3 below and penalties provided for in the Brown Act. The Brown Act includes criminal penalties and civil remedies.

Both individual members of the planning group, as well as the planning group itself, may be subject to civil remedies.

Under certain circumstances, individual planning group members may face criminal misdemeanor charges for attending a meeting where action is taken in violation of the Brown Act, and where the member intended to deprive the public of information to which the member knows, or has reason to know, the public is entitled. Alleged violations will be reviewed and evaluated on a

case-by-case basis.

Section 3. Council Policy 600–24: Violations and Remedies.

(a) Alleged Violations by a Member of the Normal Heights Community Planning Group.

In cases of alleged violations of the Normal Heights Community Planning Group bylaws or Council Policy 600–24 by a planning group member, the planning group may conduct an investigation consistent with the Administrative Guidelines and these bylaws.

A complaint that an individual member of a planning group violated one or more provisions of the planning group’s bylaws or Council Policy 600–24 may be submitted to the planning group chair by any individual, including another planning group member. The complaints should be filed within 90 days of the alleged violation.

If, after a thorough investigation, the planning group determines that the individual member has violated a provision of these bylaws or Council Policy 600–24, the planning group shall, where feasible, seek a remedy that corrects the violation and allows the member to remain as a member of the planning group.

If corrective action or measures are not feasible, the group may remove a member by a two-thirds vote of the voting members of the community planning group. The vote to remove the group member shall occur at a regularly scheduled public meeting subject to the procedures outlined in the Administrative Guidelines and these bylaws.

If the planning group member is found to be out of compliance with the provisions of these bylaws or Council Policy 600–24, the planning group risks loss of indemnification [legal protection and representation] pursuant to Ordinance No. O-19883 NS and any future amendments thereto.

Investigation procedures for elected member violations are outlined below.

Any action by the Normal Heights Community Planning Group to discipline or remove a member must occur at a scheduled planning group meeting and be advertised on the agenda as an action item. Due to the significant nature of

removing an elected member, and to ensure a fair and public process, the procedures for investigating a violation of a member are listed below.

Documenting a violation:

A complaint that a violation of bylaws or Council Policy 600–24 has occurred will be presented to the planning group chair. If the complaint is about the chair, it may be presented to any other officer of the planning group.
The complaint should be detailed enough to provide a description of, and timeframe within which, the alleged violation was committed and who was responsible for the violation.
The complaint should provide a citation of the bylaws or Council Policy 600–24 provisions of which the action is claimed to violate. If the complaint is from someone other than another planning group member, the chair [or other officer] may assist in providing appropriate citations to assist the complainant.
The chair will confer with the planning group officers [exception: if an officer is the subject of the grievance or has a business or personal relationship with the alleged violator] regarding the complaint.
The chair shall create a written record of the complaint and alleged violation to share with the alleged violator.

Procedures for administering and acting on investigating a violation: While the authority for the process rests with the planning group, City staff may be contacted for assistance at any point in the process.

Once the information about an alleged violation is completed in writing, the chair, with assistance from the planning group officers, will meet and talk with the planning group member against whom the violation is alleged. The allegations will be presented and the planning group member shall be given opportunity for rebuttal.
If the chair, with assistance from the planning group officers, determines that no violation has actually occurred, the chair may record this in the written record of the complaint.
If the chair, with assistance from the planning group officers, determines that a violation has occurred, but the situation can be remedied either by action of the planning group or by the planning group member, then the chair will outline the necessary actions to achieve the remedy.
If the chair, with assistance from the planning group officers, determines that the situation cannot be remedied and that the interests of the community and the Normal Heights Community Planning Group would best be served by the removal of the planning group member, then the chair shall set the matter for discussion at the next planning group meeting. The planning group member who committed the violation shall be given adequate notice about the meeting discussion and will be given the opportunity to resign prior to docketing the matter for a planning group discussion.

Presenting a violation to the planning group:

The matter of removing a seated planning group member will be placed on the planning group’s agenda as a potential action item. Supporting materials from the chair or from the offending planning group member will be made available to the elected planning group members prior to the meeting.
The matter will be discussed at the planning group’s regular meeting with opportunity given to the planning group member who committed the violation to present their case and/or rebut documentation gathered by the chair with the assistance of the planning group officers. The member may also request a continuance of the item to gather more information to present to the planning group.
At the end of the discussion, the planning group may, by a two-thirds (2/3rds) vote, choose to remove the member.

Recourse for expelled member:

There is no appeal available to an elected planning group member removed by a two-thirds (2/3rds) vote of the voting members of their recognized community planning group.
The planning group member’s seat shall be immediately declared vacant and subject to provisions of Article V.
The removal of a planning group member by a two-thirds (2/3rds) vote of the voting members of their recognized community planning group will not prohibit the member from running for a planning group seat in future scheduled elections.

(b) Alleged Violations Against the Normal Heights Community Planning Group as a Whole.

In the case of an alleged violation of the planning group’s bylaws or of Council Policy 600–24 by the planning group as a whole or multiple members of the planning group, the violation shall be forwarded in writing to the City. The Mayor’s office will engage in a dialogue with the planning group, determining the validity of the complaint, and seeking resolution of the issue or dispute. The Normal Heights Community Planning Group will work with the City toward a solution, and the planning group recognizes that, in accordance with Council Policy 600–24, the City may consult with the Community Planners’ Committee.

If a violation against the planning group as a whole is proven and there is a failure of the planning group to take corrective action, the planning group will forfeit its rights to represent its community as a community planning group recognized under Council Policy 600–24. Such a determination resulting in the forfeiture of a seated group’s rights to represent its

community shall be based on a recommendation by the Mayor’s Office to the City Council. A planning group shall not forfeit its recognized status until there is an action by the City Council to remove the status. The City Council

may also prescribe conditions under which official recognition will be reinstated.

If the planning group is found to be out of compliance with the provisions of this Policy not subject to the Brown Act or its adopted bylaws, they risk loss of indemnification [legal protection and representation] pursuant to Ordinance No. O-19883 NS, and any future amendments thereto.

Attachments Any procedures found in attachments have the same effect as if they were incorporated directly into Articles I through VII of the bylaws. They are separated into attachments for ease of use and understanding.

Exhibit A Normal Heights Community Planning Group Boundary Map Attachment B NHCPG Private Use City Roster

Attachment C NHCPG Public Use Roster Attachment D Annual Report of the NHCPG

Attachment E Community Planners’ Committee (CPC) Membership Data Attachment F Community Participation

Attachment G Planning Group Composition Attachment H Elections

Attachment I Eligible Member Registration Form

REFERENCES:

An Ordinance Providing for Defense and Indemnification of Community Planning Groups: http://docs.sandiego.gov/council_reso_ordinance/rao2009/O-19883.pdf

Rosenberg’s Rules of Order Revised: http://www.daverosenberg.net/articles/RulesOfOrder.htm

http://www.sandiego.gov/planning/community/pdf/adminguidelinesfinal10sept2015.pdf

ATTACHMENT B

Chair

COMMUNITY PLANNING GROUP ROSTER FOR CITY USE