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HomeMy WebLinkAboutItem 5g. Amendments to Mass Transportation Committee (MTC) Bylaws Item 5g Department: Public Works Cost Center: 5201 For Agenda of: 12/5/2023 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Alex Fuchs, Mobility Services Business Manager SUBJECT: APPROVE AMENDMENTS TO THE MASS TRANSPORTATION COMMITTEE BYLAWS RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of San Luis Obispo, California, amending the Advisory Body Handbook revising the Mass Transportation Committee Bylaws” expanding the potential candidacy pool for the representative position for persons with disabilities. POLICY CONTEXT City Charter Section 1202 – Eligibility, Appointment, and Length of Terms – permits non- registered voter and non-city resident participation on citizen committees, commissions, boards, and authorities depending upon the nature and purpose of the advisory body, as determined by City Council. City Council approval is required to amend the Advisory Body Handbook revising the participation requirements for committee members. DISCUSSION Background The purpose of the Mass Transportation Committee (MTC) is to advise City staff and the City Council on matters related to public transportation in San Luis Obispo including buses, trolley, and taxi services. The MTC has seven voting members, consisting of: 1. one Cal Poly employee, 2. one Cal Poly student, 3. one person 62 years of age or older; 4. one person from the business community; 5. one person with technical transportation planning experience; 6. one person with a disability; and 7. one member-at-large. When possible, one alternate member selected from the public will be appointed. The Cal Poly employee representative, ASI representative, and technical planning representative are exempt from the residency requirements. All other members must be residents and registered voters of the City. Page 233 of 325 Item 5g Committee Membership Revision The restriction on residency requirements for the “person with a disability” member has made filling the position difficult for the past few years. Of the eight regularly scheduled meetings between May 2022 and July 2023, four were held but were unable to make a quorum, two were canceled due to lack of items on the agenda, and two were canceled due to staff absences. Now that the Transit program is fully staffed and reorganized under the new Mobility Services Division, there is a greater need than ever to hold regular MTC meetings and have sufficient member attendance to act on relevant items. Significant policy and budget items are on the horizon such as the Transit Innovation Study and Short-Range Transit Plan. Staff is, therefore, recommending revisions to Article 2 – Committee Membership – of the MTC bylaws modifying the residency requirements for the person with disability position. The Draft Resolution (Attachment A) would revise the current membership requirement to read as follows1: The Committee has seven voting members, consisting of one Cal Poly employee designated by Cal Poly and one Cal Poly student representative designated by Associated Students, Inc. (ASI), with City Council review for acceptance; one person 62 years of age or older; one person from the business community; one person with technical transportation planning experience; one person with a disability disability community representative*; and one member-at-large. In addition, when possible, one alternate member selected from the general public will be appointed. The Cal Poly employee representative, ASI representative, and technical planning representative, and disability community representative* are exempt from the residency requirements. All other members must be residents and registered voters of the City. * Disability Community Representative Preference will be given to individuals who are registered City of S an Luis Obispo voters and who identify as an individual with a disability or are a member of the disability community2. However, if recruitment for this position does not result in sufficient qualified registered City voters, membership may be considered for:  A disability community member who lives outside the City limits, but within the County of San Luis Obispo.  A registered City voter who has a close connection with the disabled community, such as an individual who works in a professional or advocacy capacity serving the disabled community, has a disabled household or family member/loved one, serves as a caregiver, or similar connection. 1 Proposed new text shown underlined and text to be removed shown with strikethrough. 2 A person that identifies as an individual with a disability may acknowledge their disability but not necessarily see themselves reflected within the disability community. A person that is a member of the disability community may be involved with and advocate for the disability community but does not have a disability themselves. Page 234 of 325 Item 5g Previous Council or Advisory Body Action On November 15, 2022, Council adopted Resolution No. 11377 (2022 Series) amending the Human Relations Commission’s (HRC) purpose statement and bylaws section of the Advisory Body Handbook. The amendment expanded the residency requirements for two of the commissioner positions allowing up to two members to be residents and registered voters of San Luis Obispo County or Cal Poly campus with a significant connection to the City of San Luis Obispo. The HRC amendments were supported by the HRC itself as well as the Diversity, Equity, and Inclusion (DEI) Taskforce. Public Engagement The proposed amendments were discussed at a scheduled public meeting of the Mass Transportation Committee Meeting on November 13, 2023. This item is on the agenda for the December 5, 2023, Council meeting which also allows for public comment and followed the required postings and notifications. CONCURRENCE The Mass Transportation Committee (MTC) met on November 13, 2023, to discuss the Advisory Body Handbook amendments. The Committee was unable to meet quorum, so no action was taken on the proposed amendm ents. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report because the action does not constitute a “project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: No Budget Year: 2023-24 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ 0 $ 0 $ 0 $ 0 State Federal Fees Other: Total $ 0 $ 0 $ 0 $ 0 The Advisory Body Handbook amendments have no fiscal impact. Page 235 of 325 Item 5g ALTERNATIVE Council could decide not to adopt the Draft Resolution amending the Advisory Body Handbook. The action is not recommended by staff because the Mass Transportation Committee has several position vacancies and struggles to make quorum for regularly scheduled meetings. ATTACHMENTS A - Draft Resolution amending the MTC Bylaws Page 236 of 325 R ______ RESOLUTION NO. _____ (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE ADVISORY BODY HANDBOOK TO REVISE THE MASS TRANSPORTATION COMMITTEE BYLAWS WHEREAS, in accordance with the Charter of the City of San Luis Obispo, the San Luis Obispo Municipal Code, and it’s own Resolutions, the City Council of San Luis Obispo appoints individuals to serve on its advisory bodies; and WHEREAS, those advisory bodies have bylaws to aid them in conducting their meetings fairly, smoothly, efficiently, and in accordance with law; and WHEREAS, pursuant to Charter section 1202, the City Council is permitted to allow non-registered voter and non-city resident participation on citizen committees, commissions, boards, and authorities depending upon the nature and purpose of the advisory body; and WHEREAS, the City’s Mass Transportation Committee has failed to make quorum at four of the past eight regularly scheduled meetings; and WHEREAS, a quorum is required for committees to take formal action on agendized items and make recommendations to the City Council for their consideration, and WHEREAS, the City’s Mass Transportation Committee has reviewed the amendments to their bylaws at a special meeting on November 13, 2023, but was unable to take action due to the lack of a quorum ; and WHEREAS, at its regular meeting on December 5, 2023, the City Council reviewed the proposed changes to the advisory body bylaws, as recommended by the Mas s Transportation Committee. Page 237 of 325 Resolution No. _____ (2023 Series) Page 2 R ______ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that Article 2 of the bylaws of the Mass Transportation Committee are hereby amended to read as set forth and incorporated herein as Exhibit A. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 20 23. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 238 of 325 Resolution No. _____ (2023 Series) Page 3 R ______ EXHIBIT A MASS TRANSPORTATION COMMITTEE BYLAWS Amended by Resolution No. XXXXX (2023 Series) Article 2. COMMITTEE MEMBERSHIP The Committee has seven voting members, consisting of one Cal Poly employee designated by Cal Poly and one Cal Poly student representative desig nated by Associated Students, Inc. (ASI), with City Council review for acceptance; one person 62 years of age or older; one person from the business community; one person with technical transportation planning experience; one disability community representative*; and one member-at-large. In addition, when possible, one alternate member selected from the general public will be appointed. The Cal Poly employee representative, ASI representative, technical planning representative, and Disability Community representative* are exempt from the residency requirements. All other members must be residents and registered voters of the City. *Disability Community Representative Preference will be given to individuals who are registered City of SLO voters and who identify as an individual with a disability or are a member of the disability community. However, if recruitment for this position does not result in sufficient qualified registered City voters, membership may be considered for:  A disability community member who lives outside the City limits, but within the County of San Luis Obispo.  A registered City voter who has a close connection with the disabled community, such as an individual who works in a professional or advocacy capacity serving the disabled community, has a disabled household or family member/ loved one, serves as a caregiver, or similar connection. 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