HomeMy WebLinkAboutr10324 tfluce establishmentRESOLUTION NO . 10324 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CREATING THE TAS K
FORCE FOR THE LAND USE AND CIRCULATION ELEMENTS UPDATE AN D
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 ; 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 ; and
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 ; and
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 respectiv e
stakeholder's related interest group ; 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 ; and
WHEREAS,establishing TF-LUCE Ground 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 :
R 10324
Council Resolution No . 10324 (2012 Series )
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 .ACTION
1.Direct Staff to request an appointment from the Planning Commission for one member t o
serve on the TF-LUCE by February 17, 2012 .
2.Direct Staff to provide notice and solicit applications and resumes to serve on the TF-
LUCE to be submitted to the City Clerk by February 17, 2012 .
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 March 1, 2015, at which point it will no longe r
be a standing committee with the possible extension of this term to be considered by the Cit y
Council prior to that time .
5.The purpose of the TF-LUCE is to advise the City in developing recommendations t o
update the General Plan .
6.The City will provide staff support to the TF-LUCE, with the Community Developmen t
Director to be primarily responsible for providing this support, to include preparation o f
agendas, and minutes, compilation of material for discussion at TF-LUCE meetings, and
assistance with public outreach efforts .
7.The TF-LUCE Guidelines as shown in Exhibit A, and as may be amended by the City
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 local governmen t
bodies .
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, an d
on the following vote :
AYES : Council Members Ashbaugh, Carter and Smith, Vice Mayor Dan Carpenter an d
Mayor Mar x
NOES : Non e
ABSENT : None
Council Resolution No . 10324 (2012 Series )
Page 3
The foregoing resolution was adopted this 17 th day of January, 2012 .
ATTEST :
Elaina Can o
City Clerk
torney
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, 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 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 of the General Plan Update process .
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3.Establishment of TF-LUC E
The TF-LUCE is being established to advise the City on matters related to the update of
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 as
individuals or as a whole can have consequences to the City .
4.Committee Authorit y
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 Cit y
Council in all staff reports . City staff will acknowledge TF-LUCE input in formulation o f
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 Genera l
Plan update work program .
5.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 th e
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 Proces s
A vacancy or vacancies on a TF-LUCE shall exist :
1)When the committee is created
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2)When a member or members is/are formally removed by the City Council, o r3)When the Council receives and acknowledges a letter of resignation from a nincumbent.
Vacancies on the TF-LUCE shall be advertised by the City Clerk in the same manner a sthe 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 eCouncil.
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 . 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 .
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 of
discussing issues, opportunities and vision ; reviewing alternatives ; an d
developing policy as part of the General Plan update .
2)Review and comment upon other matters related to the TF-LUCE's functio n
as part of the General Plan update, upon specific direction by the Cit yCouncil.
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 t o
City staff and the public . Staff in consultation with the Chairperson shall develop th eagenda for each TF-LUCE meeting . The Vice-Chair shall fulfill the duties of Chair in th elatter's absence . The Recording Secretary will be the Community Development Directo r
or his/her designee, who will take action minutes of motions and make a digita l
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recording of each meeting . At a minimum, these minutes shall clearly convey action s
and motions taken by the TF-LUCE . These minutes are to be considered, amended a s
needed and approved by the full task force at the earliest possible time, and signed b y
the Chairperson . In addition, the task force may adopt specific rules of conduct an d
procedure, 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 . Significant
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 .
2)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 .
3)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 officers no later than its second meeting and unti l
such time, the appointed Planning Commissioner shall serve as the Chai r
Pro-Tem .
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 fewer than a quorum is present . Formal vote s
by a committee are to have a motion and second, prior to allowing furthe r
discussion and a vote .
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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-LUCEs 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
fewer than a quorum of the full TF-LUCE . Subcommittee meetin g
arrangements may be set by either the staff or the TF-LUCE . Such meeting s
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 .
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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 .
6)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 TF-LUCE include :
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1)Timely completion of deliverables within budget .
2)Schedule all TF-LUCE meetings pertaining to General Plan update issues ,
make arrangements for all facilities, distribute written/graphic materials ,
notices, agendas, etc . For such meetings, coordinate necessary staff
participation and guest speakers ;
3)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 ;
4)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 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-LUCE meeting schedules .
C)City Attorney
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 .
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