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HomeMy WebLinkAbout11/09/2000, 5 - MASS TRANSPORTATION COMMITTEE (MTC) REPRESENTATION Maur D.� Counci 11-09-00 AD ac En bA RepoM �5.6� CITY O F SAN LUIS O B I S P O FROM: Mike McCluskey,Director of Public Works Prepared By: Timothy Scott Bochum, Deputy Director of Public Works Austin O'Dell, Transit Manager SUBJECT: MASS TRANSPORTATION COMMITTEE (MTC)REPRESENTATION MTC RECOMMENDATION The MTC recommends that Council approve expanding the Mass Transportation Committee from its current seven-member panel to nine members. The additional two member seats would be filled with members at-large from the bus riding public. CAO RECOMMENDATION 1) Introduce an ordinance that modifies the existing By-Laws of the Mass Transportation Committee by specifying that members of the Committee shall be established by resolution of the Council; and 2) Approve the attached resolution that expands the Mass Transportation Committee to include the addition of two Alternate "Members at Large" made up of representatives from the general public. DISCUSSION Background The current MTC representatives are made up of seven members of various demographic groups that have vested interests in the City's transit system. The MTC seeks diverse input regarding transit issues and includes: one person from Cal Poly, one senior citizen, one student representative, one person from the business community, one technical transportation planning expert, one disabled person, and one general public "member at large". The MTC has experienced difficulty in conducting business due to lack of quorum. There are a variety of reasons for the lack of quorum but the two most frequently identified are changes to meeting dates and the inability to find representatives for the more "specialized" members, i.e. the business and technical representatives. Staff and the MTC have addressed the meeting date issue and believe that this issue will no longer effect the quorum issue. In order to solve the lack of available members issue several alternative ideas have been explored. Earlier this year the Council subcommittee to the MTC, comprised of Council Members Romero . and Ewan, requested that the MTC and City staff consider replacing the technical representative with a member at-large. This recommendation was centered on the fact that the term of Dr. Walter 5-1 Council Agenda Report—MTS representation Page 2 Rice, the current Technical representative to the MTC, is set to expire next year and that finding a replacement would be difficult. Subsequent to the subcommittee's request for investigation, the business representative seat held by Orville Osborne was vacated, when he was appointed by Council to the City's Planning Commission. Although staff has actively solicited applications to fill this vacant position, little activity and interest from the business community has resulted. This would apparently confirm the Council's sub-committee's belief that the business and technical seats on the MTC would be difficult to fill. MTC Discussion and Recommendation At its June 14, 2000, meeting the Mass Transportation Committee considered the issue of committee representation and made a recommendation to Council to change the current By-Laws. In essence, the MTC believed that the current diverse make-up of the MTC, which includes a business and technical representative, is a good one. However, recognizing the primary problem is member attendance, the MTC did recommend that Council consider expanding the committee from its current seven-member panel to nine members. The additional two member seats would be filled with members at-large from the bus riding public. If Council decides to enact the MTC recommendation, the MTC By-Laws would be amended to read: G. One Three persons from the general public. Staff Recommendation Staff reviewed the MTC recommendation and believes that, while it might be a step in the right direction, it would not fully provide a solution to the current quorum problem. Expanding the MTC to a nine-member panel would require a minimum of five members to reach a quorum. The current MTC has difficulty obtaining four voting members at some meetings. The fact that we are experiencing difficulty in filling the vacant business representative seat, and acknowledging the importance of that representation on the MTC, leads staff to the conclusion that the current MTC make-up should be first revised to ensure that quorums are reached regardless of representative absenteeism. If this tack should fail then the Council should consider revising the individual make- up of the MTC representatives to ensure that the MTC functions appropriately. Staff is, therefore recommending that Council modify the current MTC to include the addition of two Alternate Members At-Large. These Alternate members shall not be voting members of the MTC unless a voting member is absent from a MTC meeting. If only one voting MTC member is absent, choice between the two Alternates will be made by a fair game of chance such as a coin flip or roll of a die. Staff favors this alternative for two reasons. First, by establishing two Alternate members, the likelihood that a quorum will not be reached is highly reduced. Second, the existing Member at- Large position is often the most sought after seat on the MTC. Many times in the past, applicants for this seat have been turned away because the candidate pool is very strong. These two Alternate seats will allow greater participation from transit riders who will be encouraged to give input at all 5-2 Council Agenda Report—MTC Representation Page 3 MTC meetings. Therefore, greater participation will be encouraged and the problems of insufficient quorums should greatly decrease. Due to the difficulty in obtaining a quorum, staff has been unable to present its recommendation to the full MTC as an alternative to the MTC proposal. However, staff has discussed it with the chairperson of the MTC, who has indicated that he is supportive of the staff alternative. He recognizes the advantage of retaining the committee at its original size and keeping the number of members required for a quorum to four, rather than five. Staff believes that other members of the committee might have also supported the staff option had it been provided to them as an alternative. Finally, staff is recommending that the Council modify the ordinance that establishes the MTC By- Laws such that further modifications to the make-up of the MTC can be established by resolution of the Council. Establishing the members of the MTC by resolution will allow the Council greater flexibility and reduced reaction time if it deems, in the future, that the MTC representations should be changed. CONCURRENCES The chairperson of the MTC and the City Clerk both concur with the staff recommendation. ALTERNATIVES Alternative 1. The Council may decide to enact the MTC's recommendation of increasing the size of the MTC to a nine-member panel. Staff does not believe there is any inherent danger in enacting this change. However, there is no guarantee that this change will lead to a solution for the quorum issue (as mentioned above) and that the difficulties in finding business and technical representatives on the committee will continue. In addition, this would create the largest Council advisory committee - i.e. nine representatives - which seems too large and might set a precedent for other committees in similar straits. The goal should be a well-represented and active committee of participants that can advise staff and Council on transit related matters. Alternative 2. A second alternative would be a variation of the CAO recommendation. This alternative would amend the by-laws to create one alternate for each representative. When a voting member is absent their alternative would then be responsible for voting at the MTC. This alternative scenario would maintain the current diversity of the MTC. While this is similar to the CAO recommendation, staff is not recommending this alternative because it would expand the MTC to a committee of fourteen individuals. Staff does not believe that this size advisory body would be manageable. Attachments: Attachment 1 - Ordinance Attachment 2 -Legislative Draft Attachment 3 -Resolution AO:tsb I:\Council Agenda Reports\MTC Bylaws Change.doc ATTACHMENT I ORDINANCE NO. (2000 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BY-LAWS OF THE MASS TRANSPORTATION COMMITTEE WHEREAS, the City Council has established by ordinance the Mass Transportation Committee(MTC) as an advisory committee; and WHEREAS, the City Council wishes to establish representation on the MTC that reflects the diverse nature of the City and different user groups of the City transit system; and WHEREAS, the City Council experiences difficulty and delay in filling some technical representative member positions of the MTC; and WHEREAS, the City Council has identified a need to assist the MTC in obtaining quorum for its meetings. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Chapter 2.20,Mass Transportation Committee, Section 2.20.020, Membership,of the Municipal Code is hereby amended as follows: The City Council shall establish the membership of the Mass Transportation Committee by resolution. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of 2000, upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: ATTEST: Lee Price, City Clerk Mayor Allen K. Settle APPROVED ASFORM: e G. or se ity Attorney 5-3 ATTACHMENT 2 LEGISLATIVE DRAFT Chapter 2.20 MASS TRANSPORTATION COMMITTEE Sections: 2.20.010 Established. 2.20.020 Membership. 2.20.030 Terris of office. 2.20.040 Officers. 2.20.010 Established. There is established the mass transportation committee of the city. (Prior code § 2450) 2.20.020 Membership. The mass transpertafien eenmainee shall eensist ef seven members, seleeted as fellews! B. One seftier ; G. One student ; ; E. One per-sen trefispertafien p! ee, F. Gne disabled , G. One pemeft ftffn The City Council shall establish the membership of the Mass Transportation Committee by resolution. 5-4 ATTACHMENT 3 RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE MEMBERSHIP OF THE MASS TRANSPORTATION COMMITTE WHEREAS, the City Council has established by ordinance the Mass Transportation Committee (MTC) as an advisory committee; and WHEREAS, the City Council wishes to establish representation on the MTC that reflects the diverse nature of the City and different user groups of the City transit system. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The mass transportation committee shall consist of seven voting members, selected as follows: A. One person from California Polytechnic State University, San Luis Obispo; B. One senior citizen; C. One student representative; D. One person from the business community; E. One person with technical transportation planning experience; F. One disabled person; G. One person from the general public. SECTION 2. In addition to the above seven voting member representatives, the MTC shall have two Alternate members selected from the general public. SECTION 3. If, or when, a voting member of the MTC is absent from an MTC meeting, one of the Alternate members shall take the place of the voting member in order to maintain as many voting members as possible. If only one voting member of the MTC is absent, choice between the two alternates will be decided by a fair game of chance such as a coin flip or role of a die performed by the Chairperson of the MTC. SECTION 4. This resolution shall become affect upon the final approval of Ordinance No. (2000 Series). Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: 5-5 4 - Page 2 the foregoing resolution was adopted this day of 1000.. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM- - .y G or s ity Attorney 5=6