Chapter 1-3 — BOARDS AND COMMISSIONS

Article 1 General Provisions(Legislative History: Ordinance No. 81-042, 6/15/81; Ordinance No. 83-010, 4/4/83; Ordinance No. 83-011, 4/4/83; Ordinance No. 91-08, 7/15/91 (Sections 1-3-100, 1-3-110, 1-3-115); Ordinance No. 95-04, 3/6/95 (Section 1-3-115); Ordinance No. 95-017, 9/5/95 (Sections 1-3-110, 1-3-115); Ordinance No. 2001-09, 4/2/01 (Section 1-3-100); Ordinance No. 2001-023, 11/19/01 (Section 1-3-100); Ordinance No. 2001-024, 11/19/01 (Section 1-3-100); Ordinance No. 2003-09, 6/2/03 (Sections 1-3-115—1-3-120); Ordinance No. 2013-008, 10/21/13 (Section 1-3-125); Ordinance No. 2014-015, 9/15/14 (Sections 1-3-100, 1-3-110, 1-3-115); Ordinance No. 2018-020, 12/17/18 (Section 1-3-135); Ordinance No. 2022-004, 3/14/22 (Sections 1-3-100, 1-3-110, 1-3-115); Ordinance No. 2022-021, 12/5/22 (Sections 1-3-100, 1-3-110, 1-3-115); Ord. No. 2023-013, 12/18/2023 (Section 1-3-110); Ord. No. 2024-015, 12/2/2024 (Sections 1-3-100, 1-3-110, 1-3-115))

The following Boards and Commissions are hereby created:

(a) Board of Appeals;

(b) Board of Zoning Adjustments;

(c) Handicapped Access Appeals Board;

(d) Human Services Commission;

(e) Arts, Culture and Library Commission;

(f) Personnel Relations Board;

(g) Planning Commission;

(h) Recreation and Parks Commission;

(i) Site Development Sub-Commission;

(j) Youth Advisory Commission;

(k) Rent Review Board;

(l) Senior Commission;

(m) Community Police Review Board; and

(n) Bicycle and Pedestrian Advisory Commission.

Except as otherwise provided in this Code, Board and Commission members shall be appointed by the Council and may be removed by the Council without cause, notice or hearing.

One elector from each Council Member District shall be appointed to each of the following Boards and Commissions:

(a) Board of Zoning Adjustment;

(b) Human Services Commission;

(c) Arts, Culture and Library Commission;

(d) Planning Commission;

(e) Recreation and Parks Commission;

(f) Senior Commission;

(g) Community Police Review Board; and

(h) Bicycle and Pedestrian Advisory Commission.
Except as provided in this Code, all other members of each such Board and Commission shall
be an elector of the City and appointed at large. Two residents who are between the ages of 14
and 22 ("Youth Member") who are able to attend in-person meetings of the Community Police
Review Board shall be appointed to the Community Police Review Board. These two youth
members shall serve in an "ex-officio" capacity and therefore their votes shall not count towards
Board action, their attendance shall not count for achieving quorum nor shall their attendance
or lack of attendance at meetings of the Board have any impact on the Board's ability to meet
quorum or majority vote requirements. Once these members reach the age of 23, they are no
longer eligible to serve or eligible for reappointment to these designated seats. Residents who are
interested in appointment to the Youth Member designated seats shall complete an application
that will be submitted to the City Clerk, who shall schedule a City Council Rules Committee
meeting for the Committee to review the applications and, at the Council Rules Committee's
discretion, interview the applicants for recommendation to the City Council for appointment.
Any vacancy in these designated seats must be addressed by the Council in accordance with San
Leandro Municipal Code Section 1-3-115. Three residents selected at large shall be appointed
to the Youth Advisory Commission by each Council Member, at least one resident selected
from each Council Member District, and the remainder may be selected at large. No change in
Council Member District boundaries shall operate to disqualify an incumbent from office before
the expiration of the term for which such member was appointed. The Bicycle and Pedestrian
Advisory Commission shall consist of one member from each of the six Council Member
Districts and one Mayor's at large appointment.

(a) Members of the following Boards and Commissions who were appointed from a specific Council Member District pursuant to Section 1-3-110 of this Article ("District Members") may hold office for up to four years, commencing on the date of appointment:

(1) Board of Zoning Adjustments;

(2) Human Services Commission;

(3) Arts, Culture and Library Commission;

(4) Planning Commission;

(5) Recreation and Parks Commission;

(6) Senior Commission;

(7) Community Police Review Board; and

(8) Bicycle and Pedestrian Advisory Commission.

Except as provided in this Code, the terms of District Members shall terminate upon the
expiration of the regular term of the Council Member representing the Council Member
District from which the District Member was appointed. As to the Community Police
Review Board, the initial terms of Board members who are District Members from
Districts 1, 3, 5, and the Mayor's at large appointment shall expire December 31, 2023
and the terms of District Members from Districts 2, 4, and 6 shall expire December 31,
2028. Thereafter, all members of the Community Police Review Board may hold office
for up to four years. As to the Bicycle and Pedestrian Advisory Commission, the initial
terms of Board members who are District Members from Districts 1, 3, 5, and the Mayor's
at large appointment shall expire December 31, 2026 and the terms of District Members
from Districts 2, 4, and 6 shall expire December 31, 2028. Thereafter, all members of the
Bicycle and Pedestrian Advisory Commission may hold office for up to four years. The
City Council may fill a vacancy by appointment for the unexpired remainder of the term.

As to the Arts, Culture and Library Commission, the initial terms of Board members who
are District Members from Districts 2, 4, and 6 shall expire December 31, 2028. Districts
1, 3, 5, and the Mayor's at large appointments shall expire December 31, 2026. Thereafter,
all members of the Arts, Culture and Library Commission may hold office for up to four
years. The City Council may fill a vacancy by appointment for the unexpired remainder of
the term.

§ 1-3-120. (RESERVED)
(Repealed by Ordinance No. 2003-09, 6/2/03)

No employee of the City shall be eligible to hold office as a Board or Commission member, except members of the Youth Advisory Commission, the youth member of the Library- Historical Commission, or as required by ordinance.

Members of Boards and Commissions shall receive no compensation for their services, but may be reimbursed for actual and necessary expenses incurred in performance of official duties.

The City Council may designate a single appointee to serve concurrently as both a Planning Commissioner and Board of Zoning Adjustments member.

Article 2

Procedure

Each Board and Commission shall adopt rules of procedure for the conduct of its business.

Each Board and Commission shall hold regular meetings at such times as it shall fix in its rules of procedure.

All regular Board and Commission meetings shall be convened in the Civic Center.

A majority of the membership of a Board or Commission shall constitute a quorum for the transaction of business.

Board and Commission actions shall require the affirmative votes of a majority of the entire membership of the Board or Commission.

Board and Commission actions shall be taken only in the Civic Center.

Article 3

Board of Appeals(Legislative History: Ordinance No. 92-033, 9/21/92 (Section 1-3-305); Ordinance No. 2011-006, 4/4/11 (Section 1-3-300))

The Board of Appeals shall be the "Administrative Hearing Body," which shall mean three City of San Leandro department manager level employees designated by the City Manager to hear and decide upon together, appeals held pursuant to this Chapter.

The Board shall possess the powers and perform the duties prescribed in:

(a) Chapter 3-3 of this Code;

(b) Chapters 7-5, 7-9 and 7-10 of this Code;

(c) Article 9 of Chapter 6-1 of this Code.

Editor's Note: Article 9 of Chapter 6-1, referred to in this section, was repealed by
Ordinance No. 94-022.

Article 4
Board of Zoning Adjustments(Legislative History: Ordinance No. 2007-037, 11/19/07
(Section 1-3-405); Ordinance No. 2011-006, 4/4/11 (Section 1-3-405))

The Board of Zoning Adjustments shall consist of seven members.

The Board shall:

(a) Hear and decide upon applications for the approval of:

(1) Conditional uses other than Planned Unit Developments under Chapter 7-2 of this
Code (Signs) and the Zoning Code of the City of San Leandro;

(2) Variances under the Zoning Code of the City of San Leandro and Chapter 7-7 of this
Code (Right-of-Way Lines);

(3) Home occupations under the Zoning Code of the City of San Leandro;

(4) Modification of requirements for and restrictions upon fences, walls and hedges under
the Zoning Code of the City of San Leandro;

(5) Installation of operating accessory structures in required yards under the Zoning Code
of the City of San Leandro;

(6) Any matter within the jurisdiction of the Site Development Sub-Commission under
Chapter 7-2 and the Zoning Code of the City of San Leandro when such application
is filed in combination with an application for approval of a matter within the
jurisdiction of the Board. In so hearing and deciding, the Board shall have the same
powers and duties and shall be limited to the same scope of review as is the Site
Development Sub-Commission;

(b) Hear and decide appeals from administrative action under the Zoning Code of the City of
San Leandro;

(c) Make recommendations to the Planning Commission as to the desirability of amendments
to the Zoning Code of the City of San Leandro.
Editor's Note: Chapter 7-2, referred to in this section, was repealed by Ordinance No. 95-037,
11/6/95.

The Board shall act upon any matter brought before it within 30 days after conclusion of the hearing unless otherwise agreed with the applicant. Failure to act within such time shall constitute disapproval of the application.

Any decision of the Board shall be subject to appeal to the Council, and shall not be effective until expiration of the appeal period.

Article 5

(Reserved)(Legislative History: Article 5, Historical-Cultural Commission, repealed by Ordinance No. 83-010, 4/4/83)

Article 6

(Reserved)(Legislative History: Added as Chapter 19 by Ordinance No. 78-10, 2/21/78;

Ordinance No. 82-079, 9/20/82; Article 6, Handicapped Access Appeals Board, repealed by Ordinance No. 2013-009, 11/18/13 (Sections 1-3-600—1-3-670))

Article 7

Human Services Commission(Legislative History: Ordinance No. 2001-024, 11/19/01 (Sections 1-3-700 and 1-3-710); Ordinance No. 2018-003, 3/19/18 (Section 1-3-705))

The Human Services Commission shall consist of nine members.

The Commission shall advise the Council on all matters relating to social conditions within the City, assess and report to the Council the social needs of the people, recommend to the Council methods for meeting such needs, and assist the Council in marshalling the human resources necessary to accomplish the foregoing. In discharge of this responsibility, the Commission shall:

(a) Evaluate social services being provided to communities in need within the City, and provide advice and assistance toward equitable provision and coordination thereof;

(b) Provide motivation for the development of new social services as the need therefor is determined;

(c) Coordinate the efforts of social service agencies to raise funds from the community;

(d) Assist in the procurement of grants from public and private funding sources;

(e) Study proposed programs and proposed budgets of social service agencies requesting City assistance and recommend Council approval or disapproval of such programs, budgets and requests. The Commission shall conduct periodic reviews of such programs and budgets and shall report to the Council on the implementation of such programs and expenditures of City funds and physical resources therefor.

The Commission shall not be limited to those duties hereinbefore specifically set forth, but shall do all things necessary to identify the role and responsibility of the City of San Leandro in relation to social conditions, needs and aspirations within the City and to assist in the assumption of such role and the discharge of such responsibility by the City of San Leandro. In so doing, the Commission shall work with and seek the cooperation of individuals and public and private entities in bringing to bear the human resources of the community for the foregoing purposes.

The Commission shall be responsible for oversight of the City of San Leandro's Community Assistance Grant Fund Program. In accordance therewith, no grants thereunder shall be made to any agency for which a staff member, whether paid or unpaid, nor any member of the Board of Directors or any officer of such agency, is a member of the Commission.

Article 8

Arts, Culture and Library Commission(Legislative History: Ordinance No. 2003-015, 11/17/ 2003 (Sections 1-3-800—1-3-815); Ordinance No. 2013-008, 10/21/13 (Sections 1-3-800, 1-3-801); Ordinance No. 2018-004, 3/19/18 (Section 1-3-815); Ordinance No. 2022-021, 12/5/ 22 (Sections 1-3-800, 1-3-805—1-3-815))

Note: Editor's Note: Ordinance No. 2003-015 repealed and replaced Article 8 in its entirety.

The Arts, Culture and Library Commission shall consist of nine members. The membership shall include one member from each of the six Council Member Districts pursuant to Section 1-3-110 of this Code. Each Commission member shall be appointed by the City Council and may be removed from the Commission without cause, notice, or hearing by the City Council under Section 1-3-105. The membership shall also include three at large members each of whom must be a resident of San Leandro.

The Library Director shall nominate a youth member to the Library-Historical Commission for appointment by the City Council. The youth member shall be a resident of the City, and under the age of 18 years at the time of appointment. The youth member shall hold office for one year commencing in September, until his or her successor is appointed and qualified.

Except where specifically noted in this Article, the actions and conduct of the Arts, Culture and Library Commission shall be governed by the policies and procedures set forth in Articles 1 and 2 of this Chapter.

The actions and conduct of the Arts, Culture and Library Commission shall comply in all respects with Section 54950 et seq., of the Government Code, known commonly as the Ralph M. Brown Act.

Regular meetings of the Arts, Culture and Library Commission are held on the third Tuesday of each month inside the Main Public Library. Commission meetings shall be held regularly with respect to time, place, and date as set by resolution of the Commission.

The Arts, Culture and Library Commission shall:

(a) Assess, promote, and develop art opportunities to enrich and enhance the San Leandro
community;

(b) Encourage and promote art and/or cultural programs and activities within the City;

(c) Make recommendations to the City Council regarding local visual and performing art needs, activities, and programs;

(d) Receive and gather input from the community on issues relevant to art policies;

(e) Enhance community awareness of art resources;

(f) Work cooperatively with public and private agencies to procure space and opportunities for
public art that celebrates our diversity and to contribute to the enrichment of the community
by adding public art that is of the highest quality, inclusive, visually stimulating, and of
enduring value;

(g) Analyze and make recommendations to the City Council on long term financing to support
arts;

(h) Advise and make recommendations to the City Council on the acceptance of donations and
submissions of art and other matters of arts in the community;

(i) Recommend policies for the use and improvement of all property operated for library
purposes by the City;

(j) Recommend rules and regulations governing the operation of library buildings;

(k) Recommend acceptance or rejection of proposed real property donations to the City for
library purposes;

(l) Make recommendations regarding proposed contracts with other agencies for the provision
and use of library services and facilities;

(m) Encourage and promote the continuing education of the San Leandro community through
inclusive programming and activities that celebrate the City's history, cultural diversity,
heritage, and Sister & Friendship Cities relationships;

(n) Devise and recommend to the Council implementation procedures for establishing and
maintaining appropriate relationships with non-local historical organizations;

(o) Assist all historical organizations operating within the local community to develop a high
level of community participation in historical endeavors and activities;

(p) Study proposed programs and proposed budgets of historical organizations making
requests of the City and recommend Council approval or disapproval of any proposed
program or budget for which City funds are requested. No such program or budget
involving City assistance or City funding, or the use of City property, shall be implemented
without approval of the Council;

(q) Conduct periodic audits of Council-approved programs and budgets and report to the
Council on the implementation of such programs and expenditures of City funds therefor;

(r) Serve as the liaison between the City Council, community, and organizations with an interest in the City's artistic, historical, multicultural, and library activities; and

(s) Support the goals and priorities of the City Council.

The Arts, Culture and Library Commission shall not be limited to those duties hereinbefore specifically set forth, but shall do all things necessary to identify the role and responsibility of San Leandro in relation to activities of celebration or expression of the arts, the diverse cultures of the community, and library programs and services and to assist in the assumption of such role and discharge of such responsibility by the City. In so doing, the Commission shall cooperate with individuals and with private and public groups and organizations to achieve broad community participation in and to strengthen the leadership of local arts and cultural endeavors.

Article 9

Personnel Relations Board

The Personnel Relations Board shall consist of five members.

The Board shall possess the powers and perform the duties prescribed in Chapter 1-4 of this Code.

Article 10

Planning Commission(Legislative History: Ordinance No. 2001-011, 4/16/01 (Section 1-3-1005); Ordinance No. 2017-008, 5/1/17 (Section 1-3-1005); Ordinance No. 2022-021, 12/5/ 22 (Section 1-3-1005))

The Planning Commission shall consist of seven members.

The Planning Commission shall:

(a) Hear and recommend to the City Council on proposals to adopt, amend or repeal a general plan for the physical development of the City;

(b) Exercise such functions with respect to land subdivisions, planning, zoning and future right-of-way lines as are prescribed in Chapters 7-3, 7-13 and 7-16 of this Code;

(c) Hear and recommend to the City Council proposals that affect the traffic circulation in the City, if such proposals are referred to the Commission by the Zoning Enforcement Official or the Engineering and Transportation Director or designee; initiate proposals to the City Council regarding the desirability of enacting new regulations or programs regarding traffic circulation; and hear and make the final decision on an appeal following the denial of an application for a parklet;

(d) Possess the powers and perform the duties prescribed by statute;

(e) Serve as an advisory body to the City Council regarding historic preservation issues within the community and facilitate and coordinate the continuing education of the San Leandro community about the City's designated historic resources; and

(f) Seek a means for the identification, designation, protection, retention, and preservation of historic resources as defined under the provisions of Chapter 4-26 of this Code.

Article 11

Recreation and Parks Commission

The Recreation and Parks Commission shall consist of nine members.

One member of the Commission appointed at large shall reside within the boundaries of the San Leandro Unified School District. The governing board of the San Leandro Unified School District shall submit the name of a nominee for appointment by the City Council.

One member of the Commission appointed at large shall reside within the boundaries of the San Lorenzo Unified School District. The governing board of the San Lorenzo Unified School District shall submit the name of a nominee for appointment by the City Council.

The Commission shall:

(a) Recommend policies for the management and improvement of all property used for
recreational purposes by the City;

(b) Recommend plans for the future development of the recreation program to meet the needs
of the City;

(c) Interpret the City's recreation programs and plans to the people;

(d) Advise the Council on all matters concerning the cultural state of the City;

(e) Report to the Council the cultural needs of the City;

(f) Recommend to the Council the means for fulfilling the cultural needs of the City;

(g) Provide liaison between the Council and all cultural organizations operating within the
local community;

(h) Coordinate cultural activities within the City;

(i) Devise and recommend to the Council implementation of procedures for establishing and
maintaining appropriate relationships with non-local cultural organizations;

(j) Assist all cultural organizations operating within the local community to develop a high
level of community participation in cultural endeavors and activities;

(k) Study proposed programs and proposed budgets of cultural organizations making requests
of the City and recommend Council approval or disapproval of any proposed program or
budget for which City funds are requested. No such program or budget involving City
assistance or City funding, or the use of City property, shall be implemented without
approval of the Council;

(l) Conduct periodic audits of Council-approved programs and budgets and report to the
Council on the implementation of such programs and expenditures of City funds therefor;

(m) Coordinate and provide for the execution of appropriate programs in the City in order to
stimulate interest in and advancement of the arts.

The Commission shall not be limited to those duties hereinbefore specifically set forth, but shall
do all things necessary to identify the role and responsibility of the City of San Leandro in
relation to community cultural interests and activities and to assist in the assumption of such role
and discharge of such responsibility by the City of San Leandro. In so doing, the Commission
shall cooperate with individuals and with private and public groups and organizations to achieve
broad community participation in and to strengthen the leadership of local cultural endeavors.

The Commission shall recommend to the Council such rules and regulations for the conduct of activities within public parks and recreational areas as shall be deemed necessary to assure proper use of such facilities, or to protect persons and property. Such rules and regulations shall become effective upon their approval by the Council. A copy of such rules and regulations shall be filed with the City Clerk. A violation of any such rule or regulation shall constitute a violation of this Code.

Article 12

Site Development Sub-Commission(Legislative History: Ordinance No. 83-010, 4/4/83 (Section 1-3-1120); Ordinance No. 88-024, 10/3/88 (Section 1-3-1105); Ordinance No.

2009-004, 4/6/09 (Sections 1-3-1105, 1-3-1110); Legislative History: Ordinance No. 2003-012, 10/6/03 (Section 1-3-1200))

The Site Development Sub-Commission shall consist of three members appointed and qualified in accordance with the provisions of the Zoning Code of the City of San Leandro.

The Sub-Commission shall possess the power and perform the duties prescribed in the Zoning Code of the City of San Leandro and Chapter 7-2 of this Code.

Editor's Note: Chapter 7-2, referred to in this section, was repealed by Ordinance No. 95-037, 11/6/95.

Article 13

Youth Advisory Commission(Legislative History: Ordinance No. 2022-019, 12/5/22 (Section 1-3-1300))

(a) The Youth Advisory Commission shall consist of 21 members. Members shall be entering their freshman, sophomore, junior or senior year of secondary education at the time of their appointment.

(b) The Mayor may nominate and the City Council may appoint additional at-large members as alternate members. Alternate members shall attend meetings and shall sit as a member when a regular member is absent. Alternate members who attend meetings shall not count towards establishing quorum, unless they sit in the absence of a regular member. When an alternate member is seated upon the absence of a regular member, their vote shall be counted for any action. All alternate member votes made without sitting in the absence of a regular member shall be taken as advisory votes to the Commission.

The Commission shall do all things necessary to identify the role and responsibility of the City of San Leandro in relation to the youth of the City and to assist the Council in identifying those programs, projects and activities which will promote the general welfare of youth in the City. The Commission shall undertake its powers and duties and shall report directly to the City Council from time to time. In addition the Commission shall:

(a) Identify and study the social, economic, educational, cultural and emotional needs of the
youth of the community and to create citizen awareness of those needs;

(b) Advise and make recommendations to the City Council on the matters affecting the youth
of San Leandro;

(c) Provide advice and assistance to other City boards and commissions, to City departments,
to school districts, and to private and voluntary agencies on matters concerning local youth;

(d) Increase public awareness of problems affecting young people;

(e) Suggest specific program areas in which the needs of youth are not being met and will not
be met by other organizations;

(f) Provide opportunities for the youth of San Leandro to learn about and appreciate the variety
of services and programs provided by local government;

(g) Foster mutual understanding, respect and communication among teen groups of all races,
religions and nationalities;

(h) Encourage teen leadership and responsibility through involvement;

(i) Provide coordination of community youth activities and the promotion of cooperative
relationships among the various youth organizations in the City.

Article 14
Rent Review Board(Legislative History: Ordinance No. 91-008, 7/15/91 (Sections 1-3-900,
1-3-905); Ordinance No. 95-017, 9/5/95 (Section 1-3-1300); Ordinance No. 2001-09, 4/2/01
(Sections 1-3-1400—1-3-1410); Ordinance No. 2002-026, 10/7/02 (Section 1-3-1400);
Ordinance No. 2003-013, 10/6/03 (Section 1-3-1405); Ordinance No. 2015-004, 4/6/15
(Section 1-3-1400))

The Rent Review Board shall consist of five members. Two members of the Board shall be tenants that rent residential property in San Leandro, two members shall be landlords that own rental property in San Leandro, and one member shall be a San Leandro resident that is neither a tenant nor a landlord.

The term of office for each member of the Rent Review Board shall be a period of four years and until his or her successor has been appointed and qualified.

The term of office for the members of the Rent Review Board shall be staggered in such a way as to have two members' terms expire every two years. The member who is neither a tenant nor a landlord shall stay on the Board for a period of four years and until his or her successor has been appointed and qualified. A vacancy shall be filled by Council appointment for the unexpired remainder of the term.

The Board shall possess the powers and perform the duties prescribed in Chapter 4-32 of this Code.

Article 15

Senior Commission(Legislative History: Ordinance No. 2001-023, 11/19/01 (Sections 1-3-1500—1-3-1505); Ordinance No. 2018-005, 3/19/18 (Section 1-3-1505))

The Senior Commission shall consist of nine members.

The Commission shall advise the Council on matters relating to the status and condition of senior citizens within the City, assess and report to the Council the social, cultural, health and other needs of senior citizens, recommend to the Council inclusive methods of meeting such needs, and assist the Council in marshaling the resources necessary to accomplish the foregoing. In discharge of this responsibility, the Commission shall:

(a) Assess the social, economic, educational, cultural, emotional and other needs of senior
citizens within the City and create citizen awareness of those needs;

(b) Conduct informational hearings on matters affecting senior citizens in the community;

(c) Monitor legislative developments concerning senior citizens, and inform the City Council,
seniors, and the public of such developments;

(d) Encourage better coordination in the delivery of services to senior citizens, seek to improve
the quality of such services, and foster increased communication between providers of such
services within the community and the residents of the City, through voluntary public and
private initiatives;

(e) Assess paratransit and other transportation needs of the community's senior citizens, and
make recommendations to enhance transportation services for senior citizens;

(f) Review the City Manager's budget recommendations as they affect programs concerning
senior citizens, as part of the City's annual budget process;

(g) Advise and make recommendations to the City Council on all matters relating to the
community's senior citizens, including delivery of city services; funding for senior services,
facilities, and programs except funding provided through the Community Assistance Grant
funding process; and availability of various funding opportunities for senior citizen-related
programs and services that may be available to the City;

(h) Consider and act upon as necessary all matters relating to the social needs of senior citizens,
and all other matters relating to senior citizens heretofore referred to or considered by the
Human Services Commission;

(i) Consider and act upon as necessary all matters relating to recreation and cultural programs
targeted to senior citizens, policies for the management and improvement of any public
facility dedicated for the use of senior citizens, and all other matters relating to senior
citizens heretofore referred to or considered by the Recreation and Parks Commission.

The Commission shall not be limited to those duties hereinbefore specifically set forth, but shall perform such other functions and render such reports and recommendations as may be directed by the City Council, and do all things necessary to identify the role and responsibility of the City of San Leandro in relation to the needs and aspirations of its senior citizens and to assist in the assumption of such role and the discharge of such responsibility by the City of San Leandro. In so doing, the Commission shall work with and seek the cooperation of individuals and public and private entities in developing programs to meet the assessed needs of older adults, and to assure the aging population the dignity and care they deserve.

Article 16

(Reserved)(Legislative History: Added by Ordinance No. 2014-015, 9/15/14; Ordinance No. 2018-002, 3/19/18 (Section 1-3-1605); Article 16, Arts Commission, repealed by Ordinance No. 2022-021, 12/5/22 (Sections 1-3-1600, 1-3-1605))

Article 17

Community Police Review Board(Legislative History: Ordinance No. 2022-004, 3/22/22 (Sections 1-3-1700—1-3-1770))

This Article shall be known as the City of San Leandro "Community Police Review Board Ordinance." The purpose of the board is to increase public trust, increase accountability, ensure that police operations reflect community values, and, in cooperation with the Independent Police Auditor, ensure prompt, impartial, and fair investigations of complaints brought by members of the public against San Leandro Police Department employees, including, but not limited to, complaints under California Penal Code Section 832.5.

There is created and established an appointed body of the City Council to be known as the Community Police Review Board and hereinafter called "board" or "CPRB."

(a) The board shall consist of nine members. The membership shall include one member from each of the six Council Member Districts, an at large member appointed by the Mayor pursuant to Section 1-3-110 of this Code and two Student Members, as defined by San Leandro Municipal Code Section 1-3-110.

(1) Each member shall be a resident of the City.

(2) Subject to the receipt of enough qualified applicants, the Council must appoint a
majority of members to the board who reflect the diversity of the City, by including
members who represent the City's diverse geographic areas and socio-economic,
cultural, racial, ethnic, gender, gender identity, sexual orientation, and age
differences, and who have differing personal backgrounds, education, occupations,
and life experiences.

(3) To ensure the board's independence from the San Leandro Police Department and
other law enforcement agencies, no current or former employee of a Police
Department or other law enforcement agency may serve on the board. In addition, no
immediate family or household member, defined as the parent, spouse, domestic
partner, sibling, child, or cohabitant, of a law enforcement officer, who works or
worked for a law enforcement agency, may serve on the board. For purposes of this
prohibition, law enforcement agencies include Police Departments of all cities, as
well as all public agencies, County, State, and Federal law enforcement officers, and
City, County, State, and Federal prosecutors and public defenders.

(4) Practicing attorneys who handle, or are members of firms or entities that currently
handle criminal or civil matters involving law enforcement agencies are ineligible to
serve on the board.

(b) Board members are expected to comply with all of the duties and obligations required or
expected of board members by this Article. A board member may be automatically
removed from office by the Council for two unexcused absences in a calendar year. An
excused absence is one where the board member notifies the board chair of their absence at least 48 hours in advance of the board's next regular or special meeting. Notwithstanding
anything to the contrary, the Council may remove a member for three absences of any type
in a calendar year.

(a) No later than 90 days after appointment, each member shall:

(1) Participate in a ride-along with the Police Department in a four hour minimum shift;
and

(2) Receive approximately 30 hours of training in relevant subject matters facilitated by
City staff, including, but not limited to, the Police Department, on topics including, at
a minimum, constitutional rights and civil liberties, Penal Code Section 832.5,
fundamentals of procedure, evidence, and due process, procedural rights and
confidentialities afforded to police officers by California law (including, but not
limited to, Government Code Section 3300 et seq. and Penal Code Sections832.7 and
832.8), Police Department operations, policies, practices, and procedures, and duties,
responsibilities, procedures, and requirements associated with all ranks and
assignments, including support services; and

(3) Receive ethics training as required by State law (AB 1234, Chapter 700, Stats. of
2005) and submit to the City Clerk annual statements of economic interest pursuant
to the City's conflict of interest code.

The board shall submit an annual report and workplan to the City Council no later than June 30 of each year. Attendance records of members shall be included as part of the annual report.

(a) The board's function is to:

(1) Receive community feedback and Penal Code Section 832.5 complaints and refer them for further review, as appropriate, to the Independent Police Auditor or the internal affairs function of the Police Department;

(2) In accordance with all Federal and State laws, including, but not limited to, the Peace Officers Procedural Bill of Rights Act, receive reports from the Independent Police Auditor regarding personnel discipline and complaints, critical incidents, Police Department policies, and other law enforcement matters;

(3) Monitor, review, and provide input on Police Department policies, and receive reports from the Police Department on policies that indicate a need for review based on trends and data or that are, in the judgment of a majority of the board, of compelling community-wide concern. At the City Manager's exclusive discretion and direction, City employees shall cooperate with and assist the board and its staff with the gathering and receipt of public records as defined by the California Public Records Act relevant to the Board's function. Police Department policy reviews may be initiated by either the Independent Police Auditor or action by a majority of the board;

(A) Notwithstanding the right to play a role in monitoring and reviewing Police Department policies, the board must refrain from any action or statement to prevent implementation of a Police Department policy that under State or Federal law is recommended by the Police Chief to take immediate effect or required to take immediate effect.

(B) Notwithstanding the right to play a role in reviewing and monitoring Police Department policies pertaining to personnel matters, the board must refrain from: (i) directly or indirectly taking active participation in personnel matters; (ii) taking personnel actions; (iii) using or misusing records developed to take personnel actions; and/or (iv) directing that action be taken on Police Department employees.

(C) Notwithstanding any other rights or functions contained herein, including the receipt and referral of Penal Code Section 832.5 complaints, the board must refrain from drafting or submitting any subpoena or soliciting a second legal opinion on a matter after receiving an opinion from the City Attorney without first submitting such request to the City Manager who shall forward it to the City Council.

(4) Upon notice of vacancy for the position of Chief of Police, receive from the City Manager a report on the job requirements, application process, and evaluation criteria of candidates for the Chief of Police, and make recommendations to the City Manager regarding the job requirements, application process, and evaluation criteria.

There is hereby established an Independent Police Auditor, who is appointed by and is a direct report to the City Manager, who shall perform the following functions:

(a) Serve as an independent monitor of the Police Department.

(b) Participate in all internal affairs and administrative review processes conducted by the
Police Department. The Independent Police Auditor shall receive immediate notification of
all critical incidents and may at its discretion provide advice to the Police Department's
administrative investigations team during its internal affairs investigation, and shall receive
all of the same documents and records as the Police Department's administrative
investigators.

(c) Serve as the law enforcement subject matter expert to the board. The Independent Police
Auditor shall assist the board with classifying Penal Code Section 832.5 complaints;
analyze for the board local, State, and national police data and trends; make expert
recommendations to the board and the Police Chief on Police Department policies, with
specific expert recommendations pertaining to investigations, training, and discipline
policies; assist the board with the preparation of the board's annual report and workplan;
and in collaboration with the City Manager support the board's public outreach activities.

(d) Recommend, with the Police Chief's and the specifically affected Police Department
personnel's written consent, referrals for voluntary and confidential mediation of specific
complaints to community based mediation services provided by trained or certified
mediators.

(a) Subject to the discretion and judgment of the City Manager, the Independent Police Auditor shall at a minimum have professional experience, certifications, and other qualifications specifically related to law enforcement agency personnel investigations, and California law related to the Public Safety Officer's Procedural Bill of Rights Act (California Government Code Section 3300 et seq.).

(b) Before appointment, the Independent Police Auditor shall be subject to a full background check, confidentiality oath or agreement, and training on access to San Leandro Police Department personnel investigations and records.

Article 18

Bicycle and Pedestrian Advisory Commission(Legislative History: Added by Ord. No. 2024-015, 12/2/2024 (Sections 1-3-1800, 1-3-1810))

The Bicycle and Pedestrian Advisory Commission shall consist of seven members. The membership shall include one member from each of the six Council Member Districts pursuant to Section 1-3-110 of this Code. Each Commission member shall be appointed by the City Council and may be removed from the Commission without cause, notice, or hearing by the City Council under Section 1-3-105. The membership shall also include one at large member who must be a resident of San Leandro. The selected members shall represent both bicyclist and pedestrian issues. (Ord. No. 2024-015, 12/2/2024)

The vision of the Commission is San Leandro will be a connected community where walking and biking are fully integrated into daily life as safe, equitable, and enjoyable transportation options for people of all ages and abilities. The Commission shall advise staff and the Council on matters related to the status and conditions of biking and walking within the City. In discharge of this responsibility, the Committee shall:

(a) Advise staff and the Council on the development and updates of the Transportation
Element of the General Plan and the Bicycle and Pedestrian Master Plan;

(b) Provide citizen oversight on the implementation of the San Leandro Bicycle and Pedestrian
Master Plan;

(c) Recommend to staff project development funding and priorities;

(d) Assist staff in reviewing implementation plans;

(e) Participate in outreach and educational efforts;

(f) Provide comments to staff on pending legislation affecting bicycle and pedestrian travel
within the City; and

(g) Advocate for City projects that improve bike and pedestrian infrastructure.
(Ord. No. 2024-015, 12/2/2024)