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HomeMy WebLinkAbout03-13-2012 b1 tfluce updatecounci laQenba nepont C I T Y O F S A N L U I S O B I S P O FROM :Derek Johnson, Community Development Directo r Prepared By :Kim Murry, Long Range Planning Divisio n SUBJECT : TASK FORCE SELECTION FOR THE LAND USE AND CIRCULATION ELEMENTS UPDAT E RECOMMENDATIO N Adopt a Resolution to appoint members to a Task Force for the Land Use and Circulation Element s update (TF-LUCE) and approved guidelines to define its terms and responsibilities . DISCUSSION The City Council discussed the composition and formation of the TF-LUCE at its January 17, 201 2 Council Meeting, and determined that applications should be solicited from City residents i n general rather than designating positions on the task force to represent various interests . The City Council also requested the Planning Commission appoint a member to serve on the task force an d the Commission appointed Eric Meyer on February 8, 2012 . Opportunity to serve on the task forc e was advertised in the Tribune and the New Times as well as on the City's website and throug h outreach to various community groups . The application period closed on February 17, 2012 at 5 p m and 31 applications were received by the City Clerk prior to the deadline . On March 6, 2012, the City Council will determine the size of the task force and discuss the proces s by which applicants would be selected . In summary, the process being recommended to select th e TF-LUCE membership is as follows : 1 . Establish size of task force (x) on March 6, 2012 . 2, Council members review applications and develop their recommended list of (x) members . 3.Each Council member provides their respective nominations I . 4.Nominations will be tallied and those with at least 3 concurrences will be appointed . 5.If the task force size (x) has not been met, the Council will repeat the process to nominat e participants until the desired size is achieved . Once the City council decides on the selection process staff will issue an Agenda Correspondenc e with that information .This item involves selecting the members of the TF-LUCE, adopting a resolution appointing the selected members to the task force and finalizing guidelines under whic h the task force will operate. Previously,Council had requested edits to the guidelines to clarify several items : It is recommended that Council members place all applicants in priority order in the likely event that not all of each individual council member's nominations receive majority support .Council members will only need to provide th e number of nominations that meet the determined task force size during the first round of consideration . n1 Meeting Date3-13-1 2 Item Numbe rB1 B1 TF-LUCE Selection and Guidelines Adoption Page 2 1 Replace "General Plan Update" with "Land Use and Circulation Elements update" to reflec t that it is a focused effort and not a wholesale revision to the General Plan ; 2.Formalize the requirement that task force members need to be city residents and that pai d advocates will not be considered to serve on the TF-LUCE ; and 3.Task Force members' votes in favor of and opposed to will be noted in the meeting minutes . 4.The Planning Commission representative shall serve as the Chairperson for the Task Force . These changes are reflected in the Resolution attached to this staff report as Attachment 3 . Staff recommends the City Council follow the process agreed upon at the March 6 th meeting t o select the members of the task force . The attached Resolution will be updated with the membershi p information to form the TF-LUCE and establish the guidelines . FISCAL IMPAC T The update to the General Plan is funded in part by a Strategic Growth Council grant and in part b y General Funds . Staff support to the TF-LUCE was anticipated as part of the project budget . ALTERNATIVE S The Council could opt not to form a task force and direct the Planning Commission to function i n this role . Staff does not recommend this approach because it may not achieve the resident educatio n and consensus-building outcomes that can occur with a task force process . ATTACHMEN T 1.List of applicants 2.Map of applicants' location s 3 Resolution establishing the TF-LUCE and guidelines defining its terms and responsibilitie s (in track changes mode ) 4 . Resolution establishing the TF-LUCE and guidelines defining its terms and responsibilitie s (with changes accepted ) AVAILABLE FOR REVIEW IN THE COUNCIL OFFIC E Applications available for review in the Council Offic e T.wa,al .,yoidakaN i~~1"L,;:'l~w 13.If LJ FLCE_:G.Nk .dot :. TF-LUCE Applications Received Attachment 1 #Name APN Community Affiliations Comments 1 Dean Miller 052-571-039 Previous member o f CHC and Plannin g Commission, Previou s member of SLO C County Communit y Foundatio n 2 Sharon Whitney 052-321-015 League of Women Voters, SLO Count y Grand Jury, RQN , Leadership Class XVII I 3 Donna Duerk 002-402-009 Previous Plannin g Commissioner, Caree r in Architecture an d Sustainability, Maste r Gardeners Not availabl e durin g summe r months of June, July , August 4 Stephan Lamb 002-453-001 AIDS Support network ,Woods Humane Society 5 Kelli Schoner 003-664-030 GIS contractor, CCMB , 6 Paul Brown 004-342-014 Chamber of Commerce , Rotary de Dolosa , Exchange Club, Elks , SLO Rugby, previou s Council member 7 Matt Quaglino 001-056-048 Served on seismi c retrofit task force , Chamber of Commerce , Elks,Native Sons, ha s worked extensively with development and rea l estate 8 Alan Thomas 004-392-028 Previous PRC member . Atascadero Master Pla n Committee,busines s training medi a consultant 9 Jeff Spevack 003-703-029 Chamber of Commerce , SLO Bike Coalition TF-LUCE Applications Received Attachment 1 10 Carlyn Christianson 003-537-019 County Plannin g Commissione r (previous Cit y Commissioner), Actio n for Health y Communities , community roundtabl e 11 Niel Dilworth 004-960-012 Board of Appeals ; 1 % for the Planet ; Strategi c Alliance ; Busines s Develoment Grou p 12 Michael Parolini 004-293-019 SURF advisory body; USGBC LEED AP , 13 Walter Bremer 053-263-010 Sierra Club ; Lan d Conservancy ; Bicycl e Club ; Landscape Architecture ; GI S 14 John Schutz 001-181-039 SLO County Historica l Society ; SLOCO G CTAC ; Central Coas t Clean Cities Coalition ; Point SL Lighthous e Trail Docent ; Sierr a Club ; Previous boar d member of Grand Jur y and ECOSL O 15 Carla Saunders 052-561-013 Sierra Club ; RQN ;CA Native Plant Society ; CA Garden an d Landscape Histor y Society; Previous tas k force member GP LUE , OS, and EQT F 16 Pierre Rademaker 001-223-004 Obispo Beautiful Assoc Board ; Rotary d e Tolosa ; SLODA Board ; French Hospita l Foundation ; Chamber o f Commerce ; Nationa l Trust for Histori c Preservation B1 4 TF-LUCE Applications Received Attachment 1 17 John Doyle 053-301-023 SLO Greenbuild ; CA Native Plant Society ; United Cerebral Palsey ; Botanical Society o f America ; CA Landscap e Contractors Associatio n 18 Donna Di Gangi 053-262-004 Educational backgrou n in civil an d environmenta l engineering . 19 Gordon Mullin 053-111-057 Chamber of Commerce ; Big Brothers/Bi g Sisters ; Populatio n Connection ; Elks Clu b 20 Jon Goetz 0536-501 - 024 Habitat for Humanity fo r SLO ; HBA ; Chamber o f Commerce ; C A Redevelopment Asso c 21 Richard Belier 003-634-011 SLO Greenbuild ; AIA; US GB C 22 Chuck Crotser 052-382-023 Board member - th e History Center, SL O Non-Profit Housin g Corp .; Friends of Prad o Center; AIA ; Obisp o Beautiful Association ; SLO Greenbuild ; Previous CHC and AR C members ; DT Physica l Concept Pla n committe e 23 Russell Brown 004-960-008 SOD, SLO YMC A Advisory Committee ; Serve Corp of Retire d Executive s 24 Sandra Rowley 004-523-001 RQN, Friends of th e Library ; Central Coas t Chapter of the Militar y Officers' Assoc ; Alcoho l Outlet Study group ; Finaical sustainabilit y task force ; B1 -5 TF-LUCEApplications Received Attachment 1 25 Dave Juhnke 052-521-014 EVC Board member ; Chamber of Commerce ; SLO County Economi c Strategy Project ;Rotary de Tolos a 26 Mila Vuhovich - Labarre 052-571-028 SL Coastal Teacher s Assoc; America n Association o f University women ; Chamber of Commerc e 27 Hema Dandekar 001-022-070 CHC Member ; CR P Department Head at Ca l Pol y 28 Mary Whittlesey Previous member o f Planning Commission Not a City residen t 29 Todd Katz 004-552-012 MTC member ; Lan d Conservancy ; Homeless Shelter ; SO D 30 Chris Richardson 053-235-032 Chamber of Commerce ; Transitions-Menta l Health Board member ; SLO Property and Business Owners Associatio n 32 Peg Pinard 003-533-008 Previous Counci l Member and AR C member ; Previou s County Supervisor ; Co- founder Old Tow n Neighborhoo d Association ;Youth programs ; Histori c building restoration ; 3 1 Plan - ning Commi s -sio n Appoin t -merit Eric Meyer 002-451-01 3 & 014 Planning Commissio n Appointment 131 -6 TF-LUCE Applications Received Attachment 1 N/A Rob Rossi 003-524-014 Land Planning an d Developmen t experience; Chambe r economic task force ; Historic preservatio n experience City Clerk's did no t receive thi s applicatio n prior to th e deadline -5 p .m .o n February 17th . N/A Aaryn Abbott 003-525-001 Chamber of Commerce , Home Builders Assoc., SLO Association o f Realtors, Youn g Peoples Networkin g Group (YPNG) City Clerk's did not receive thi s applicatio n prior to th e deadline -5 p .m . o n February 17th . B1-7 LUCE Applicants RESOLUTION NO . (2012 Series ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O CREATING THE TASK FORCE FOR THE LAND USE, AND CIRCULATIO N E ENTS UPDATE AND DEFINING ITS TER M AND CHARG E WHEREAS,the Council of the City of San Luis Obispo appointed two General Pla n Advisory Committees to advise the City of San Luis Obispo during the last major update of th e Land Use and Circulation Elements adopted in 1994 ; an d WHEREAS,the City received a Strategic Growth Council grant in the amount o f $880,000 with strict performance timeframes to update the City's Land Use and Circulatio n Elements ; and WHEREAS,in June 2011, the City Council approved goals for the 2011-2013 Financia l Plan including additional funding to support the update of the Land Use and Circulatio n Elements ; an d WHEREAS,public participation has been a long tradition in land use issues in the Cit y of San Luis Obispo and public involvement is essential in updating the 1994 Land Use an d Circulation Elements ; an d WHEREAS,the public participation strategy calls for a w :.Task Force ("or thc- 1,and Use and Circulation Elements U'date (4i441 F-i,tJ(.;p;)to inform the update process a t key milestones, provide feedback and recommendations and disseminate information to eac h respective stakeholder's related interest group ; an d WHEREAS,previous direction from the City Council and good planning principle s confirm that city residents are critical to the General Plan update process ; an d WHEREAS,the composition of the s ~ 1 =Ian '1" 'E rrc ~~ = i(F should be representative of the community interests with a e- iwrec r t =_t t t' participants who live in the City ; an d WHEREAS,establishing 4 -"'1.1-L,t ..JC1Ground Rules and Terms of Engagement wil l provide a framework for collaborative communication among stakeholders and decision-makers ; and WHEREAS,the City Council has duly considered all evidence, including the testimony of interested parties, and the evaluation and recommendations by staff presented at said hearing . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo that a General Plan Task Force is hereby created with a composition, term, charge , ground rules and staff support as follows : SECTION 1 .;P-T4 TF-LUCE,.The .., --Task Force fir the Land Use and Circulation Elementshall be comprised .. •f B1-9 Council Resolution No .XXXX (2012 Series) Page 2 2 . Direct Staff to provide notice and solicit applications and resumes to serve on th e 44-""l 11..,[r to be submitted to the City Clerk by February 17, 2012 . The l?-1,UCE is hereby established until March 1, 2015, at which point it will no longer be a standing committee with the possible extension of this term to b e considered by the City Council prior to that time . representatives . to be appointed by the Councilk heTask ~:am risccl of t odd number cal' artici . nt ; Direct Staff to request anvinv -a,n a one member to serve on the 'TF-LtUC'E 17, 2012 . ..;i u _ -t Inc leeff`...i..l ...men) .... 1_Gf'Tl .pile ti« nw ar .d}..+a It Stal=l ~t11 itit.'t 4:3 . Task force members shall serve at the pleasure of the City Council and may, by a majority Council vote, be appointed, dismissed, or replaced . Council Resolution No . XXXX (2012 Series) Page 3 The purpose of the G1 %'JF4 U is to advise the City l ao develop , recommendations to update the General Plan . The City will provide staff support to the t ""M l:.,tlCE, with the Community Development Director to be primarily responsible for providing this support, t o include preparation of agendas, and minutes, compilation of material for discussion a t !'l t..1C1 ;meetings, and assistance with public outreach efforts . The C 1C 1°Guidelines as shown in Exhibit A, and as may be amended by th e City Council,shall apply to the (4P-_ I F'-LUC ::`F' upon formation by the City Council , including compliance with the Ralph M . Brown Act governing open meetings for loca l government bodies . Upon motion of , seconded by , and on the following vote : AYES : NOES: ABSENT : The foregoing Resolution was adopted this , 2012 . Mayor Jan Marx ATTEST : Elaina Cano, City Clerk APPROVED AS TO FORM : /s/J .Christine Dietrick Christine Dietrick, City Attorney EXHIBIT A T' -LUCE GUIDELINE S Guidelines for the Task Force for the Land Use an d Circulation Elements Update (T LC C E City of San Luis Obisp o Community Development Departmen t 1 .Introductio n The purpose of these Guidelines is twofold : 1)To clarify the respective roles of the each participant in the citizen advisor y committee process ; an d 2)To outline the roles, responsibilities and relationship ofTFTF-i..UE an d Staff to clarify expectations and understanding of the overall process,so tha t ?T-FTF-LUE .and Staff contribute to moving toward accomplishing th e committee's specific goals within an appropriate schedule and budget . The advisory committee process is a collaborative one involving an often diverse arra y of individuals, stakeholders, and viewpoints, levels of expertise and matters of concern . The public,GPTFTF-LUCE appointees, and respective Community Developmen t Department staff (CDD staff), and staff from other agencies and offices all benefit i n having a clear understanding of their respective roles and responsibilities in th e committees' conduct of their official business . An effort has been made to cover all essential aspects of the committee operations , such as how appointments are made, how long each member's term is, th e responsibilities of different participants, conflict of interest issues, and meetin g procedures . Nonetheless, these Guidelines are not exhaustive, they do not incorporat e statutes and regulations which may apply to 1 TF-LLJ L operations, e .g . State ope n meetings law (Brown Act). The Guidelines strive to make adequate reference to othe r rules,as appropriate . Applicabilit y These Guidelines apply to the Council-appointed General Plan Task Force whos e primary mission involves products and activities of the General Plan Update process . B1 -12 Council Resolution No . XXXX (2012 Series) Page 5 3 .Establishment o TF-LUC E The 'TF-LUCE is being established to advise theCity staff- on matters related t o the update of the Land Use and Circulation Elements ofthe General Plan . The advic e provided by the GPTFTF-LUCE is communicated to City staff which is tasked wit h providing recommendations to Advisory Bodies and City Council This task force i s appointed by the City Council ; its establishment is not specifically required by any State laws or regulations . Therefore, the City Council has discretion to create, modify, an d terminate the GPT-FTF-LUCE, its membership, mission statement, schedule, etc .at an ytime.The T-FTF-LUCE is an agent of the City of San Luis Obispo and member s should be cognizant that their actions as individuals or as a whole can hav e consequences to the City . 4 .Committee Authorit y The G-PTPTF-LUCE is advisory in nature and have-has no authority to approve, deny , or require modification to any policy or project under the task force's consideration . ~• ~,The task force's advice shall be conveyed to Advisory Bodies,Plannin g Commission and City Council in any—all staff report . City staff will acknowledg e TF-LUCEinput in formulation of recommendations for action by Advisory bodie s and City Council,and willnotewhere a differing recommendation is beingmade and th e reasons forthedifference .When recording votes in meeting minutes, members votin q for and against items will be noted .Staff is assigned responsibility for the timel y completion of Council-approved General Plan update work program . Appointment Process and Membership Ter m A)Siz e The size of a GPTFTF-LICE shall be established by the City Council upon creation o f the task force .The-GRTF-s-h-a-4-seesist-of-rio-mere-4han-teiieteen (13)-members -The tas k force shall have an odd number of members ; this eliminates ambiguity as to wha t constitutes a quorum, and minimizes the possibility of tie votes . B)Compositio n The composition of a GRT-FTF-LUCE shallbe determined at the time of its creation, t o ensure that specific community segments and/or other interest groups are represente d in the membership . All members must be residen- of the Cit of San L ai C biso. Paid advocates will not be considered to serve on ~~.Ts~!UC .The T F-LI " will be created by Council resolution . B1 -13 Council Resolution No . XXXX (2012 Series) Page 6 C)Vacancies and Application Proces s A vacancy or vacancies on a tPTFTF-LUCE shall exist:1)When the committee is create d 2)When a member or members is/are formally removed by the City Council,o r 3)When the Council receives and acknowledges a letter of resignation from a nincumbent. Vacancies on the PTFTF-LUCE shall be advertised by the City Clerk in the sam emanner as the original appointments by the Council ...4 .-`the-Ci Applications for PTF-LLIC..membership shall be submitted on forms provided by the City Clerk, and shall be accepted by the Clerk .The temporary absence of members to fill vacancies a sdescribed in this section shall not affect a recommendation by staff and/or the -T-FT -LUCto Advisory Bodies or to the Council . D)Selection Proces s Upon the close of an application period,a copy of each application submitted will b e given to the sub-committee of Council members for review .Appointment(s)shall be R _~•;'ttee-to t :e madeb y the full Counci l When considering members,agoalof geographical representation in the selectio n processwillbeweighed . Allmembers mustberesidentsof theCity of San Luis Obispo,; Paid advocates willnotbeconsidered to serveonthe TF-LUCE . E)Term of Office The term of office for a PTF-:UCE and its members is established by the CityCouncilwhen it creates the committee.The m TF-LUCE shall serve at the discretio nof the Council for the term of appointment outlined in a resolution . 6 .Task Force Operation s A)Task Force Mission and Responsibilities 1 The specific mission for the "TF-LUCE and its term of service shall be to :1) Advise the_City staff-in the development of recommendations during th eprocessofdiscussingissues,opportunities and vision ; reviewing alternatives ; and developing policy as part of the General Plan update . Review and comment upon other matters related to the ?TFT'-LUCE'sfunctionaspartof the General Plan update, upon specific direction by theCityCouncil. Council Resolution No .XXXX (2012 Series) Page 7 B)Officers and Rules of Conduc t The responsibilities of the GPTFTF-LUCE also include an election of officers, consistin g of at least a Chair, Vice-Chair, and Recording Secretary . The Chair shall lead all meetings, be the primary spokesperson for the T-FTF-LUCE,and be the primary committee liaison to City staff and the public . Staff in consultation with the Chairperso n shall develop the agenda for each G-RWTF-LUCE meeting . The Vice-Chair shall fulfil l the duties of Chair in the latter's absence . The Recording Secretary will be th e Community Development Director or his/her designee, who will take action minutes o f motions and make a digital recording of each meeting . At a minimum, these minute s shall clearly convey actions and motions taken by the GPTFT -LUCE . These minute s are to be considered, amended as needed and approved by the full task force at th e earliest possible time, and signed by the Chairperson . In addition, the task force ma yadoptspecific rules of conduct and procedure,as long as such rules are consistent wit h applicable laws and regulations (including these Guidelines). C)Meeting Procedure The " TF-LUCE is subject to the Brown Act, which set standards for public notice a s to meeting time, date and location as well as items to be discussed . Significan t implications are as follows : 1) Noticing of all i TF-LUCE meetings, including time, location and a n agenda, must be posted in a public place within the applicable area . Efforts should be made to provide adequate public notice beyond minimum Brow n Act requirements of seventy-two (72) hours .All GPTF-LUCE meetings must be open and public .Meetings are to b e held in a facility which makes adequate provision for attendance by al l interested members of the public . Members of the public are to be given an opportunity to speak to th e GPTFTF-LUCF on any regular agenda item at the time it is being discussed . Members of the public will also be given an opportunity to speak to an y relevant non-agenda item : All public speakers are subject to reasonable tim e constraints established by the '. TF-LUCE Chairperson and any adopte d procedures . All public speakers are to identify their names and relevan t business and/or personal interests they are representing for the record . 4)The GPT-F-TF :LLIOE will attempt to establish a consistent regular meetin g time and location in their rules of conduct . 5)Minutes of GP-T-ETF-LUCE meetings will be kept on file by the Communit y Development Department . These minutes shall beavailable for any intereste d person to examine .All GPETF-LUCLs will elect officers no later than its second meeting an d until such time, the .~w p •r,a ..olnted Plannin g Commissioner shall serve as the Chair Pro-Tem . Meetings shall run in a parliamentary style . Substantive issues will hav e higher priority than matters of procedural detail . The Chair has discretion in Council Resolution No . XXXX (2012 Series) Page 8 guiding discussion of items among "° T-LUCE members while allowin g for appropriate public input . 8)Staff may address the GETUP-LUCE.at any time, with timely recognition b y the Chair . 9)Quorum : A majority of the members of the '_JCL",constitute a quorum . Decisions are made by a majority of the members present an d voting . No business may be transacted if fewer than a quorum is present . Formal votes by a committee are to have a motion and second, prior t o allowing further discussion and a vote . 10)Members of the -TFTF-LUCE:shall not vote on issues which involve a lega l or ethical conflict of interest or duty (See section 7 ) 11)Subcommittees :TTF-LUCEs may select subcommittees to focus o n issues or subjects meriting more detailed work outside of the full task force. Subcommittees are made up of GPT-FTF-LUCE members only, and mus t number fewer than a quorum of the ful l D)Attendance =1.-FTF-LUCE members shall . make every effort to attend regular meetings. Any member who is unable to attend any meeting shall contact the T-FT -LUCK Chair o r Community Development Department staff at least seventy-two (72) hours prior to th e meeting . Three (3) consecutive unannounced absences or five (5) consecutiv e I absences by a member shall be grounds for dismissal from the GPTTTF-LUCE,subjec t to the discretion of the Council . E)Appearance on TF-U C E's behal f The Chair, Vice-Chair, or other duly authorized -FTF-LUCE member shall speak fo r the task force at any applicable non PTWTF-LUE public hearing or other meeting a s authorized by the TFTF-LUC .Individual members of k`V`TF -Lu?r' not so designated, who do testify at a public hearing or other meeting, shall clearly identif y themselves as speaking individually as a member of P -TF-LUCE, and shall clearl y indicate that they are not authorized to speak for the full committee : TF-LUE .Subcommitte e meeting arrangements may be set by either the staff or the TFTF--LUCE . Such meetings are not legally required to be noticed or posted, but ever y effort should be made by a subcommittee officer or member to notice and/o r post the meetings, as they are open to any interested member of the public . Information about their time and location is to be made available through th e overall T "'TF-LUCE secretary and through CDD staff. Subcommittee s shall choose a Chair and a Vice-Chair, and may choose a Recordin g Secretary for preparing informal minutes . A report from any subcommitte e meeting shall be made at the next full GPTF-LICE meeting . Staff support for subcommittee meetings may be provided, but is not required . Council Resolution No . XXXX (2012 Series ) Page 9 F)Timely adjournment of evening meeting s To encourage public participation, evening meetings of JF-LU Fs will b e organized, agendized, and run so as to finish at a reasonable hour . If a particula r 4GPTTF-LUCE finds its evening meetings habitually running past 9 :30 PM, staff an d the Chair will work together to shorten the agendas and , if necessary, to expedite tas k force discussion and action on items . Conflicts of Interes t GPTF-LUCF members are not considered to be "public officials" as defined in § 82048 of the California Government Code, and therefore are not subject to the Stat e Political Reform Act and its disclosure provisions (Government Code §§ 81000 et seq .). Nevertheless,GPTTF-LUr members shall remove themselves from all discussion s and votes on matters in which they have any direct personal financial interest, or wher e the member's professional allegiance and/or personal bias cannot be set aside to allo w the member's fair consideration of the issue(s) at hand . In gauging such extra-legal conflicts of interest and/or duty, each member shall exercis e careful judgment and introspection in giving priority to the interests of fairness an d objectivity ; if there is any reasonable doubt that the member has a conflict, the membe r shall refrain from participation in the task force's deliberations and vote(s). Should a member not refrain voluntarily, and should the member's participation specifically be challenged by another FTF-LUCE member, staff,or the public, the member's participation on any item of official task force business may be prevented by a two-thirds majority vote of the full -FTl -LUCIA (i .e ., at least two-thirds of the total incumben t membership, including the member in question). Pervasive or recurring conflicts o f interest and/or duty should lead a member to resign voluntarily from a 3F-LLJ(L , and may be grounds for a dismissal by the Council . GPTFT-L!and Staff Responsibilitie s A)-FTF-LC Member Responsibilities The responsibilities of the individual 'TF-LUCE members include : 1)Punctually and fully attend all regular and special meetings of the G-Pl IFTF- LUCE and all relevant subcommittee meetings, to the maximum possibl e extent ; 2)Come to all meetings fully prepared,having reviewed the agenda and al l related written/graphic material available before the meeting ; 3)Conscientiously follow high ethical standards in putting the broad publi c interest ahead of any personal interest and/or bias, and to abstain from al l discussions and votes where this is not possible; BI -17 Council Resolution No . XXXX (2012 Series ) Page 1 0 4)Promote full and open discussion of all matters of official task force business ; 5)Support the task force Chair, Vice-Chair,and staff in maintaining order , keeping discussions relevant to the business at hand, and following prope r procedures, while giving primary attention to matters of substance . Be cognizant of the grant time frame and constraints and strive to commen t on products/concepts presented in a productive and expeditious manner . B)CDD Staff Responsibilitie s Staff responsibilities in supporting the GPT-FTF-LUCE include : 1)Timely completion of deliverables within budget . 2)Schedule all GPT-F-TF-LUCE meetings pertaining to General Plan updat e issues, make arrangements for all facilities, distribute written/graphi c materials, notices, agendas, etc . For such meetings, coordinate necessary staff participation and guest speakers ; For G-PTFTF-LUCE meetings as appropriate, prepare recommendations an d other material for "TF-LUCP review and comment . Advise the GRTF T LUCE on matters of both substance and procedure ; Assist the TF-LUCE Chair in promoting full and open participation by al l TF-LUCE members and other people in attendance at any meeting , keeping discussion pertinent to the business at hand ; 5)Handle information requests for material and general information related t o the official business of the GPTFTF-LUCE ; 6) Report the TF-LUCE's activities, recommendations and comments t o Advisory Bodies or other decision-makers and officials within the framewor k of the overall presentation of staff recommendation on a task force product- goal (i .e .a draft element policy update,a technical element or portio n thereof); 7)Coordinate with the Chair and Secretary on TF-LiCL meetin g schedules . C)City Attorne y Staff support to the --TF-LIJwill not be provided by the City Attorney . Specific legal issues are to be directed through CDD to the City Attorney for response . Attachment 4 RESOLUTION NO . (2012 Series ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O CREATING THE TASK FORCE FOR THE LAND USE AND CIRCULATIO N ELEMENTS UPDATE (TF-LUCE) AND DEFINING ITS TERM AND CHARG E WHEREAS,the Council of the City of San Luis Obispo appointed two General Pla n Advisory Committees to advise the City of San Luis Obispo during the last major update of th e Land Use and Circulation Elements adopted in 1994 ; and WHEREAS,the City received a Strategic Growth Council grant in the amount o f $880,000 with strict performance timeframes to update the City's Land Use and Circulation Elements ; an d WHEREAS,in June 2011, the City Council approved goals for the 2011-2013 Financia l Plan including additional funding to support the update of the Land Use and Circulatio n Elements ; an d WHEREAS,public participation has been a long tradition in land use issues in the Cit y of San Luis Obispo and public involvement is essential in updating the 1994 Land Use and Circulation Elements ; an d WHEREAS,the public participation strategy calls for a Task Force for the Land Use an d Circulation Elements Update (TF-LUCE) to inform the update process at key milestones, provide feedback and recommendations and disseminate information to each participant's circle of influence ; and WHEREAS,previous direction from the City Council and good planning principle s confirm that city residents are critical to the General Plan update process ; and WHEREAS,the composition of the TF-LUCE should be representative of th e community interests with a requirement that participants live in the City ; an d WHEREAS,the City provided notice and solicited applications and resumes from residents interested in participating on the TF-LUCE ; and WHEREAS,establishing TF-LUCE Ground Rules and Terms of Engagement wil l provide a framework for collaborative communication among task force members and decision - makers ; and WHEREAS,the City Council has duly considered all evidence, including the testimon y of interested parties, and the evaluation and recommendations by staff presented at said hearing . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo that a Task Force for the Land Use and Circulation Elements Update is hereby create d with a composition, term, charge, ground rules and staff support as follows : B1 19 Council Resolution No . XXXX (2012 Series) Attachment 4 Page 2 SECTION 1 . TF-LUCE .The Task Force for the Land Use and Circulation Elemen t shall be comprised of representatives to be appointed by the Council .The Task Force shall b e comprised of an odd number of participants . SECTION 2 . ACTIO N 1.The Planning Commission has appointed Eric Meyer to serve on the TF-LUCE . 2.The Council appoints the following residents to serve on the TF-LUCE : Members selected by Council will be listed here . 3.Task force members shall serve at the pleasure of the City Council and may, by a majority Council vote, be appointed, dismissed, or replaced . 4.The TF-LUCE is hereby established until the update of the Land Use and Circulation Elements is complete or until March 1, 2015 at the latest, at which point it will n o longer be a standing committee with the possible extension of this term to b e considered by the City Council prior to that time . The purpose of the TF-LUCE is to advise the City in developing recommendations to update the General Plan . 6 . The City will provide staff support to the TF-LUCE, with the Communit y Development Director to be primarily responsible for providing this support,t o include preparation of agendas, and minutes, compilation of material for discussion at TF-LUCE meetings, and assistance with public outreach efforts . The TF-LUCE Guidelines as shown in Exhibit A, and as may be amended by the Cit y Council, shall apply to the TF-LUCE upon formation by the City Council, includin g compliance with the Ralph M . Brown Act governing open meetings for loca l government bodies . Upon motion of , seconded by , and on the following vote : AYES : NOES : ABSENT : The foregoing Resolution was adopted this , 2012 . Mayor Jan Marx B1 20 Council Resolution No . XXXX (2012 Series) Attachment 4 Page 3 ATTEST : Elaina Cano, City Cler k APPROVED AS TO FORM : Is/J .Christine Dietrick Christine Dietrick, City Attorney Attachment 4 EXHIBIT A TF-LUCE GUIDELINE S Guidelines for the Task Force for the Land Use and Circulatio n Elements Update (TF-LUCE) City of San Luis Obisp o Community Development Departmen t 1 .Introductio n The purpose of these Guidelines is twofold : 1)To clarify the respective roles of the each participant in the citizen advisor y committee process ; an d 2)To outline the roles, responsibilities and relationship of TF-LUCE and Staff t o clarify expectations and understanding of the overall process, so that TF- LUCE and Staff contribute to moving toward accomplishing the committee's specific goals within an appropriate schedule and budget . The advisory committee process is a collaborative one involving an often diverse arra y of individuals, stakeholders, and viewpoints, levels of expertise and matters of concern . The public, TF-LUCE appointees, and respective Community Development Departmen t staff (CDD staff), and staff from other agencies and offices all benefit in having a clea r understanding of their respective roles and responsibilities in the committees' conduct o f their official business . An effort has been made to cover all essential aspects of the committee operations , such as how appointments are made,how long each member's term is,the responsibilities of different participants, conflict of interest issues,and meetin g procedures . Nonetheless, these Guidelines are not exhaustive, they do not incorporat e statutes and regulations which may apply to TF-LUCE operations, e .g . State ope n meetings law (Brown Act). The Guidelines strive to make adequate reference to othe r rules, as appropriate . 2 .Applicabilit y These Guidelines apply to the Council-appointed General Plan Task Force whos e primary mission involves products and activities focused on the Land Use an d Circulation Element update . BI - 22 Council Resolution No . XXXX (2012 Series) Page 5 3.Establishment of TF-LUC E The TF-LUCE is being established to advise the City on matters related to the update o f the Land Use and Circulation Elements of the General Plan . The advice provided by th e TF-LUCE is communicated to City staff which is tasked with providing recommendation s to Advisory Bodies and City Council . This task force is appointed by the City Council ; its establishment is not specifically required by any State laws or regulations . Therefore , the City Council has discretion to create, modify, and terminate the TF-LUCE, it s membership, mission statement, schedule, etc . at any time . The TF-LUCE is an agen t of the City of San Luis Obispo and members should be cognizant that their actions a s individuals or as a whole can have consequences to the City . 4.Committee Authority The TF-LUCE is advisory in nature and has no authority to approve, deny, or requir e modification to any policy or project under the task force's consideration . The tas k force's advice shall be conveyed to Advisory Bodies, Planning Commission and City Council in all staff reports . City staff will acknowledge TF-LUCE input in formulation of recommendations for action by Advisory bodies and City Council and will note where a differing recommendation is being made and the reasons for the difference . Whe n recording votes in meeting minutes, members voting for and against items will be noted . Staff is assigned responsibility for the timely completion of Council-approved Land Us e and Circulation Element update work program . Appointment Process and Membership Ter m A)Size The size of a TF-LUCE shall be established by the City Council upon creation of th e task force . The task force shall have an odd number of members ; this eliminate s ambiguity as to what constitutes a quorum, and minimizes the possibility of tie votes . B)Compositio n The composition of a TF-LUCE shall be determined at the time of its creation, to ensur e that specific community segments and/or other interest groups are represented in the membership . All members must be residents of the City of San Luis Obispo . Pai d advocates will not be considered to serve on the TF-LUCE . The TF-LUCE will be created by Council resolution . C)Vacancies and Application Process B1-23 Council Resolution No . XXXX (2012 Series ) Page 6 A vacancy or vacancies on a TF-LUCE shall exist : 1)When the committee is create d 2)When a member or members is/are formally removed by the City Council, o r 3)When the Council receives and acknowledges a letter of resignation from a n incumbent . Vacancies on the TF-LUCE shall be advertised by the City Clerk in the same manner a s the original appointments by the Council .Applications for TF-LUCE membership shal l be submitted on forms provided by the City Clerk, and shall be accepted by the Clerk . The temporary absence of members to fill vacancies as described in this section shal l not affect a recommendation by staff and/or the TF-LUCE to Advisory Bodies or to th e Council . D)Selection Proces s Upon the close of an application period, a copy of each application submitted will b e given to the Council for review . Appointment(s) shall be made by the full Council . Whe n considering members, a goal of geographical representation in the selection proces s will be weighed . E)Term of Offic e The term of office for a TF-LUCE and its members is established by the City Counci l when it creates the committee . The TF-LUCE shall serve at the discretion of the Counci l for the term of appointment outlined in a resolution . 6 .Task Force Operation s A)Task Force Mission and Responsibilitie s The specific mission for the TF-LUCE and its term of service shall be to : 1)Advise the City in the development of recommendations during the process o f discussing issues, opportunities and vision ; reviewing alternatives ; an d developing policy as part of the Land Use and Circulation Elements update . Review and comment upon other matters related to the TF-LUCE's functio n as part of the Land Use and Circulation Elements update, upon specifi c direction by the City Council . B)Officers and Rules of Conduc t The responsibilities of the TF-LUCE also include an election of officers, consisting of a t least a Chair, Vice-Chair, and Recording Secretary . The Chair shall lead all meetings , be the primary spokesperson for the TF-LUCE, and be the primary committee liaison to City staff and the public . Staff in consultation with the Chairperson shall develop th e agenda for each TF-LUCE meeting . The Chair shall be the member appointed by th e Planning Commission . The Vice-Chair shall fulfill the duties of Chair in the latter's B1-24 solution No. XXXX (2012 Series) absenc '. The Recording Secretary will be the Community Development Director o r his/her esignee, who will take action minutes of motions and make a digital recording of each meeting . At a minimum, these minutes shall clearly convey actions and motion s taken b the TF-LUCE . These minutes are to be considered, amended as needed an d approv d by the full task force at the earliest possible time, and signed by th e Chairpe son . In addition, the task force may adopt specific rules of conduct an d procedL re, as long as such rules are consistent with applicable laws and regulation s (including these Guidelines). C)Meeting Procedur e The TF-LUCE is subject to the Brown Act, which set standards for public notice as t o meeting time, date and location as well as items to be discussed . Significan t implications are as follows : 1) Noticing of all TF-LUCE meetings, including time, location and an agenda , must be posted in a public place within the applicable area . Efforts should b e made to provide adequate public notice beyond minimum Brown Ac t requirements of seventy-two (72) hours . All TF-LUCE meetings must be open and public .Meetings are to be held in a facility which makes adequate provision for attendance by all intereste d members of the public . Members of the public are to be given an opportunity to speak to the TF - LUCE on any regular agenda item at the time it is being discussed . Members of the public will also be given an opportunity to speak to any relevant non - agenda item . All public speakers are subject to reasonable time constraint s established by the TF-LUCE Chairperson and any adopted procedures . Al l public speakers are to identify their names and relevant business and/o r personal interests they are representing for the record . 4)The TF-LUCE will attempt to establish a consistent regular meeting time an d location in their rules of conduct . 5)Minutes of TF-LUCE meetings will be kept on file by the Communit y Development Department . These minutes shall be available for any intereste d person to examine . 6)All TF-LUCEs will elect the Vice-Chair no later than its second meeting . 7)Meetings shall run in a parliamentary style . Substantive issues will have higher priority than matters of procedural detail . The Chair has discretion i n guiding discussion of items among TF-LUCE members while allowing fo r appropriate public input . 8)Staff may address the TF-LUCE at any time, with timely recognition by th e Chair. 9)Quorum : A majority of the members of the TF-LUCE constitute a quorum . Decisions are made by a majority of the members present and voting . N o business may be transacted if less than a quorum is present . Formal votes b yacommittee are to have a motion and second, prior to allowing furthe r discussion and a vote . BI 25 Council Resolution No . XXXX (2012 Series ) Page 8 10)Members of the TF-LUCE shall not vote on issues which involve a legal o r ethical conflict of interest or duty (See section 7 ) 11)Subcommittees :TF-LUCE may select subcommittees to focus on issues o r subjects meriting more detailed work outside of the full task force . Subcommittees are made up of TF-LUCE members only, and must numbe r less than a quorum of the full TF-LUCE . Subcommittee meetin g arrangements may be set by either the staff or the TF-LUCE . Such meetings are not legally required to be noticed or posted, but every effort should b e made by a subcommittee officer or member to notice and/or post th e meetings, as they are open to any interested member of the public . Information about their time and location is to be made available through th e overall TF-LUCE secretary and through CDD staff. Subcommittees shal l choose a Chair and a Vice-Chair, and may choose a Recording Secretary fo r preparing informal minutes . A report from any subcommittee meeting shall b e made at the next full TF-LUCE meeting . Staff support for subcommitte e meetings may be provided, but is not required . D)Attendanc e TF-LUCE members shall make every effort to attend regular meetings . Any membe r who is unable to attend any meeting shall contact the TF-LUCE Chair or Communit y Development Department staff at least seventy-two (72) hours prior to the meeting . Three (3) consecutive unannounced absences or five (5) consecutive absences by a member shall be grounds for dismissal from the TF-LUCE,subject to the discretion o f the Council . E)Appearance on TF-LUCE's behal f The Chair, Vice-Chair, or other duly authorized TF-LUCE member shall speak for th e task force at any applicable non-TF-LUCE public hearing or other meeting as authorize d by the TF-LUCE .Individual members of TF-LUCE not so designated, who do testify at a public hearing or other meeting, shall clearly identify themselves as speakin g individually as a member of TF-LUCE,and shall clearly indicate that they are no t authorized to speak for the full committee . F)Timely adjournment of evening meeting s To encourage public participation, evening meetings of TF-LUCEs will be organized , agendized, and run so as to finish at a reasonable hour . If a particular TF-LUCE finds it s evening meetings habitually running past 9 :30 PM, staff and the Chair will work togethe r to shorten the agendas and , if necessary, to expedite task force discussion and actio n on items . Council Resolution No . XXXX (2012 Series ) Page 9 7.Conflicts of Interes t TF-LUCE members are not considered to be "public officials" as defined in § 82048 o f the California Government Code, and therefore are not subject to the State Politica l Reform Act and its disclosure provisions (Government Code §§ 81000 et seq .). Nevertheless, TF-LUCE members shall remove themselves from all discussions an d votes on matters in which they have any direct personal financial interest, or where th e member's professional allegiance and/or personal bias cannot be set aside to allow th e member's fair consideration of the issue(s) at hand . In gauging such extra-legal conflicts of interest and/or duty, each member shall exercis e careful judgment and introspection in giving priority to the interests of fairness an d objectivity ; if there is any reasonable doubt that the member has a conflict, the membe r shall refrain from participation in the task force's deliberations and vote(s). Should a member not refrain voluntarily, and should the member's participation specifically b e challenged by another TF-LUCE member, staff, or the public, the member's participation on any item of official task force business may be prevented by a two-third s majority vote of the full TF-LUCE (i .e ., at least two-thirds of the total incumben t membership, including the member in question). Pervasive or recurring conflicts o f interest and/or duty should lead a member to resign voluntarily from a TF-LUCE, an d may be grounds for a dismissal by the Council . 8.TF-LUCE and Staff Responsibilitie s A)TF-LUCE Member Responsibilitie s The responsibilities of the individual TF-LUCE members include : 1)Punctually and fully attend all regular and special meetings of the TF-LUC E and all relevant subcommittee meetings, to the maximum possible extent ; 2)Come to all meetings fully prepared, having reviewed the agenda and al l related written/graphic material available before the meeting ; 3)Conscientiously follow high ethical standards in putting the broad publi c interest ahead of any personal interest and/or bias, and to abstain from al l discussions and votes where this is not possible ; 4)Promote full and open discussion of all matters of official task force business , 5)Support the task force Chair, Vice-Chair, and staff in maintaining order , keeping discussions relevant to the business at hand, and following prope r procedures, while giving primary attention to matters of substance . Be cognizant of the grant time frame and constraints and strive to commen t on products/concepts presented in a productive and expeditious manner . CDD Staff Responsibilities B1-27 Council Resolution No . XXXX (2012 Series ) Page 1 0 Staff responsibilities in supporting the TF-LUCE include : 1)Timely completion of deliverables within budget . 2)Schedule all TF-LUCE meetings pertaining to Land Use and Circulatio n Element update issues, make arrangements for all facilities, distribut e written/graphic materials, notices, agendas, etc . For such meetings , coordinate necessary staff participation and guest speakers ; For TF-LUCE meetings as appropriate, prepare recommendations and othe r material for TF-LUCE review and comment . Advise the TF-LUCE on matter s of both substance and procedure ; Assist the TF-LUCE Chair in promoting full and open participation by all TF- LUCE members and other people in attendance at any meeting, keepin g discussion pertinent to the business at hand ; 5)Handle information requests for material and general information related t o the official business of the TF-LUCE ; 6)Report the TF-LUCE's activities, recommendations and comments t o Advisory Bodies or other decision-makers and officials within the framewor k of the overall presentation of staff recommendation on a task force produc t goal (i .e . a draft element policy update, a technical element or portio n thereof); 7)At a minimum, coordinate the effective administration of a written survey to al l City residents modeled after the 1988 General Plan Survey ; 8)Manage an effective public outreach effort that maximizes public and residen t participation . 9)Coordinate with the Chair and Secretary on TF-LUCE meeting schedules . C)City Attorne y Staff support to the TF-LUCE will not be provided by the City Attorney . Specific lega l issues are to be directed through CDD to the City Attorney for response .