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HomeMy WebLinkAbout09-06-2016 Item 05 Downtown Concept Plan Creative Vision Team Appointment Meeting Date: 9/6/2016 FROM: Michael Codron, Community Development Director Prepared By: Rebecca Gershow, Associate Planner SUBJECT: DOWNTOWN CONCEPT PLAN CREATIVE VISION TEAM APPOINTMENT RECOMMENDATION 1. Appoint Keith Gurnee, Eric Meyer and Melanie Mills to the Downtown Concept Plan Creative Vision Team (CVT), as recommended by the Council subcommittee made up of Council members Christianson and Rivoire. 2. Adopt a resolution of the City Council of the City of San Luis Obispo, California, to modify the makeup of the Downtown Concept Plan Creative Vision Team (CVT) and Guidelines. DISCUSSION Background On August 18, 2015, the City Council approved the scope of work and request for proposals for consultant services associated with updating the Downtown Concept Plan, and adopted Resolution No. 10659 (2015 series), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, creating the Creative Vision Team (CVT) for the Downtown Concept Plan Update and defining its term and charge.” Subsequently, on November 3, 2015, the City Council appointed five new members to the CVT, plus the four remaining original authors of the plan. The Downtown Concept Plan kicked off in December 2016, and the CVT has met seven times during the project initiation, public engagement and plan development phases. The CVT has advised the staff and consultant team, and is actively engaged in helping develop the Downtown Concept Plan. In the last month, however, two CVT members have resigned, Ken Schwartz and Andrew Merriam. The Clerk’s office, in coordination with the Community Development Department, re-opened the CVT recruitment on July 11, 2016. The application was posted on the City website, and staff sent out email notifications to interested parties, as well as to the original applicants to the CVT. By the deadline of July 27, 2016, 12 applications were received. The Council Subcommittee met on August 4, 2016 and selected three of the applicants for recommendation. In so doing, the CVT membership will increase from nine to ten. This change is merited due to the deep pool of interested applicants, and the excellent and varying skills the selected applicants will bring to the 5 Packet Pg. 36 CVT. And, as in the original appointment process, the Council Subcommittee expressed an interest in selecting a diverse group of people, in age, gender, and background, whom they believed would work well together, complement the skill-set of the existing CVT members, and represent the community’s interests. In this case, due to the late nature of the appointment, they were also interested in members who would be able to integrate quickly into process. They were impressed with the caliber of all of the applicants, and encouraged those not selected for the CVT to consider applying for other City advisory bodies. There are only 2-3 more full meetings with the CVT currently budgeted, but significant review and input will be expected of the CVT in between meetings, as well as participation in other public meetings, in order to bring the plan to Council for consideration in April. More project information will be provided in the staff report for the October 4 joint study session of the City Council and Planning Commission on the Downtown Concept Plan and Mission Plaza Master Plan projects. Modifying the CVT Guidelines The proposed Resolution (Attachment A) amends Resolution No. 10659 (2015 series) and Exhibit A, the CVT Guidelines, in order to increase the number of CVT members from nine to ten, and to extend the term of the CVT from December 31, 2016 to June 30, 2017. More specifically, the resolution language: 1. Allows the CVT to be comprised of an even number of participants, so that the size of the CVT may increase from nine to ten. 2. Appoints the three applicants recommended by the Council Subcommittee to the CVT. 3. Extends the CVT term of service from December 31, 2016 to June 30, 2017 to accommodate the extension of the project schedule through April 2017 due to increased public engagement and additional meetings. See Attachment A, “A resolution of the City Council of the City of San Luis Obispo, California, to modify the makeup of the Downtown Concept Plan Creative Vision Team (CVT) and Guidelines.” FISCAL IMPACT The Council included $100,000 in the 2015-2017 Financial Plan for the Downtown Concept Plan update and the CVT appointment is one component of the Plan. There is no cost associated with appointment of the CVT. ALTERNATIVES 1. Council may direct the Subcommittee to reconsider their recommendations for the Creative Vision Team and select different member(s). 5 Packet Pg. 37 2. Council may request additional information be provided on the selection of the Creative Vision Team members. AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE Creative Vision Team applications. Attachments: a - Proposed Resolution b - Resolution 10673 and Exhibit 5 Packet Pg. 38 R ______ RESOLUTION NO. _____ (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, TO MODIFY THE MAKEUP OF THE DOWNTOWN CONCEPT PLAN CREATIVE VISION TEAM (CVT) AND GUIDELINES WHEREAS, on August 18, 2015 the City Council adopted Resolution No. 10659 (2015 Series), creating the Creative Vision Team (CVT) and defining its term and charge; and WHEREAS, on November 3, 2015, the City Council appointed five new members to the CVT, plus the four remaining original authors of the Downtown Concept Plan (nine total); and WHEREAS, on July 8 and July 29, 2016, there were two resignations from the CVT; and WHEREAS, on July 11, 2016, the Clerk’s office re-opened the CVT recruitment and received 12 applications; and WHEREAS, the City Council subcommittee recommended three applicants to be appointed by the City Council to participate on the CVT ; and WHEREAS, the project timeline has been extended to April 2017. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the makeup of the CVT be updated and the Guidelines be amended as follows: SECTION 1. ACTION 1. Allow the CVT to be comprised of an even number of participants, so that the size of the CVT may increase from nine to ten. 2. Appoint the three applicants recommended by the Council Subcommittee to the CVT. 3. Extend the CVT term of service from December 31, 2016 to June 30, 2017. SECTION 2. Resolution Number 10659 (2015 Series) is hereby amended and superseded to the extent inconsistent herewith. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: 5.a Packet Pg. 39 Attachment: a - Proposed Resolution (1436 : Creative Vision Team Appointment) Resolution No. _____ (2016 Series) Page 2 The foregoing resolution was adopted t his _____ day of _____________________ 2016. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Carrie Gallagher 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, this ______ day of ______________, _________. ____________________________________ Carrie Gallagher City Clerk 5.a Packet Pg. 40 Attachment: a - Proposed Resolution (1436 : Creative Vision Team Appointment) RESOLUTION NO. 10673 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CREATING THE CREATIVE VISION TEAM FOR THE DOWNTOWN CONCEPT PLAN UPDATE AND DEFINING ITS TERM AND CHARGE WHEREAS, the City Council designated funding to update the Downtown Concept Plan during the 2015-2016 Fiscal Year, following update of the Land Use Element; and WHEREAS, the community benefited greatly from the generous volunteer efforts of five community members with strong design skills during the creation of the Downtown Concept Plan during the early 1990’s; and WHEREAS, four members of the original group of volunteers (Physical Plan Design Committee) have offered to be actively involved in the update of the Downtown Concept Plan; and WHEREAS, public participation has been a long tradition in land use issues in the City of San Luis Obispo and public involvement is essential in updating the 1993 Downtown Concept Plan; and WHEREAS, the public participation strategy calls for a Creative Vision Team (CVT) to assist with the visioning process and work with the community and affected stakeholders to provide recommendations for Council consideration; and WHEREAS, the composition of the CVT should include the four remaining members of the Physical Plan Design Committee, plus five additional resident volunteers with design and graphic skills who are willing to commit time to the update effort and represent the future needs of the community; and WHEREAS, establishing CVT Ground Rules and Terms of Engagement will 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 Luis Obispo, that a Creative Vision Team is hereby created with a composition, term, charge, ground rules and staff support as follows: SECTION 1. CVT. The Creative Vision Team shall be comprised of representatives to be appointed by the Council. The CVT shall be comprised of an odd number of participants. R 10673 5.b Packet Pg. 41 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) Resolution No. 10673 (2015 Series) Page 2 SECTION 2. ACTION 1. Appoint volunteers Chuck Crotser, Andrew Merriam, Pierre Rademaker, and Kenneth Schwartz to serve on the CVT. 2. Direct Staff to provide notice and solicit applications and resumes to serve on the CVT to be submitted to the City Clerk by September 30, 2015. 3. Appoint a sub-committee of Council members to review applications and resumes and, based on recommendations of the original four CVT members named above, recommend to the full Council appointment of an additional five members who shall serve at the pleasure of the City Council and may, by a majority Council vote, be appointed, dismissed, or replaced. 4. The CVT is hereby established until December 31, 2016, at which point it will no longer be a standing committee with the possible extension of this term to be considered by the City Council prior to that time. 5. The purpose of the CVT is to advise the City in developing recommendations to update the Downtown Concept Plan. 6. The City will provide staff support to the CVT, with the Community Development Director to be primarily responsible for providing this support, to include preparation of agendas and minutes, compilation of material for discussion at CVT meetings, and assistance with public outreach efforts. 7. The CVT Guidelines as shown in Exhibit A, and as may be amended by the City Council, shall apply to the CVT upon formation by the City Council, including compliance with the Ralph M. Brown Act governing open meetings for local government bodies. SECTION 3. Resolution 10659 (2015 Series) is hereby amended and replaced as set forth herein. Upon motion of Council Member Rivoire, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Carpenter, Christianson, and Rivoire Vice Mayor Ashbaugh, and Mayor Marx NOES: ABSENT: R 10673 5.b Packet Pg. 42 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) 5.b Packet Pg. 43 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) Resolution No. 10673 (2015 Series) Page 4 Exhibit A EXHIBIT A CVT GUIDELINES Guidelines for the Creative Vision Team (CVT) City of San Luis Obispo Community Development Department 1. Introduction The purpose of these Guidelines is twofold: 1) To clarify the respective roles of the each participant in the citizen advisory committee process; and 2) To outline the roles, responsibilities and relationship of CVT and Staff to clarify expectations and understanding of the overall process, so that CVT 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 array of individuals, stakeholders, and viewpoints, levels of expertise and matters of concern. The public, CVT appointees, and respective Community Development Department staff (CDD staff), and staff from other agencies and offices all benefit in having a clear understanding of their respective roles and responsibilities in the 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, the responsibilities of different participants, conflict of interest issues, and meeting procedures. Nonetheless, these Guidelines are not exhaustive, they do not incorporate statutes and regulations which may apply to CVT operations, e.g. State open meetings law (Brown Act). The Guidelines strive to make adequate reference to other rules, as appropriate. 2. Applicability These Guidelines apply to the Council-appointed Creative Vision Team (CVT) whose primary mission involves products and activities of the update to the Downtown Concept Plan. R 10673 5.b Packet Pg. 44 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) Resolution No. 10673 (2015 Series) Page 5 Exhibit A 3. Establishment of CVT The CVT is being established to advise the City on matters related to the update of the Downtown Concept Plan. The advice provided by the CVT is communicated to City staff which is tasked with providing recommendations to Advisory Bodies and City Council. This CVT 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 CVT, its membership, mission statement, schedule, etc. at any time. The CVT is an agent 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. Team Authority The CVT is advisory in nature and has no authority to approve, deny, or require modification to any policy under the CVT’s consideration. The team’s advice shall be conveyed to Advisory Bodies, Planning Commission and City Council in all staff reports. City staff will acknowledge CVT 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. When 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 Downtown Concept Plan update work program as reflected in the Request for Proposal. 5. Appointment Process and Membership Term A) Size The size of a CVT shall be established by the City Council upon creation of the team. The team shall have an odd number of members; this eliminates ambiguity as to what constitutes a quorum, and minimizes the possibility of tie votes. B) Composition The composition of a CVT shall be determined at the time of its creation, to ensure that members with strong design and visioning skills who are committed to community service are represented in the membership. All members must be residents of the City of San Luis Obispo. Paid advocates will not be considered to serve on the CVT. The CVT will be created by Council resolution. R 10673 5.b Packet Pg. 45 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) Resolution No. 10673 (2015 Series) Page 6 Exhibit A C) Vacancies and Application Process A vacancy or vacancies on a CVT shall exist: 1) When the committee is created 2) When a member or members is/are formally removed by the City Council, or 3) When the Council receives and acknowledges a letter of resignation from an incumbent. Vacancies on the CVT shall be advertised by the City Clerk in the same manner as the original appointments by the Council. Applications for CVT 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 as described in this section shall not affect a recommendation by staff and/or the CVT to Advisory Bodies or to the Council. D) Selection Process Upon the close of an application period, a copy of each application submitted will be given to the Council sub-committee for review. Appointment(s) shall be made by the full Council on recommendation of a Council sub-committee. When considering members, a goal of service to the entire community rather than special interests will be weighed. All members must be residents of the City of San Luis Obispo. Paid advocates will not be considered to serve on the CVT. E) Term of Office The term of office for the CVT and its members is established by the City Council when it creates the committee. The CVT shall serve at the discretion of the Council for the term of appointment outlined in a resolution. 6. Team Operations A) Team Mission and Responsibilities The specific mission for the CVT 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; and developing policy as part of the Downtown Concept Plan update. 2) Review and comment upon other matters related to the CVT’s function as part of the Downtown Concept Plan update, upon specific direction by the City Council. R 10673 5.b Packet Pg. 46 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) Resolution No. 10673 (2015 Series) Page 7 Exhibit A B) Officers and Rules of Conduct The responsibilities of the CVT also include an election of officers, consisting of at least a Chair, Vice-Chair, and Recording Secretary. The Chair shall lead all meetings, be the primary spokesperson for the CVT, and be the primary committee liaison to City staff and the public. Staff in consultation with the Chairperson shall develop the agenda for each CVT meeting. The Vice-Chair shall fulfill the duties of Chair in the latter’s absence. The Recording Secretary will be the Community Development Director or his/her designee, who will take action minutes of motions. At a minimum, these minutes shall clearly convey actions and motions taken by the CVT. These minutes are to be considered, amended as needed and approved by the full CVT at the earliest possible time, and signed by the Chairperson. In addition, the CVT force may adopt specific rules of conduct and procedure, as long as such rules are consistent with applicable laws and regulations (including these Guidelines). C) Meeting Procedure The CVT is subject to the Brown Act, which set standards for public notice as to meeting time, date and location as well as items to be discussed. Significant implications are as follows: 1) Noticing of all CVT meetings, including time, location and an agenda, must be posted in a public place within the applicable area. Efforts should be made to provide adequate public notice beyond minimum Brown Act requirements of seventy-two (72) hours. 2) All CVT meetings must be open and public. Meetings are to be held in a facility which makes adequate provision for attendance by all interested members of the public. 3) Members of the public are to be given an opportunity to speak to the CVT 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 constraints established by the CVT Chairperson and any adopted procedures. All public speakers are to identify their names and relevant business and/or personal interests they are representing for the record. 4) The CVT will attempt to establish a consistent regular meeting time and location in their rules of conduct. 5) Minutes of CVT meetings will be kept on file by the Community Development Department. These minutes shall be available for any interested person to examine. 6) The CVT will elect officers no later than its second meeting and until such time, the Community Development Director or his/her designee shall serve as the Chair Pro-Tem. R 10673 5.b Packet Pg. 47 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) Resolution No. 10673 (2015 Series) Page 8 Exhibit A 7) Meetings shall run in a parliamentary style. Substantive issues will have higher priority than matters of procedural detail. The Chair has discretion in guiding discussion of items among CVT members while allowing for appropriate public input. 8) Staff may address the CVT at any time, with timely recognition by the Chair. 9) Quorum: A majority of the members of the CVT constitute a quorum. Decisions are made by a majority of the members present and 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 to allowing further discussion and a vote. 10) Members of the CVT shall not vote on issues which involve a legal or ethical conflict of interest or duty (See section 7) 11) Subcommittees: The CVT may select subcommittees to focus on issues or subjects meriting more detailed work outside of the team. Subcommittees are made up of CVT members only, and must number fewer than a quorum of the full CVT. Subcommittee meeting arrangements may be set by either the staff or the CVT. Such meetings are not legally required to be noticed or posted, but every effort should be made by a subcommittee officer or member to notice and/or 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 the overall CVT secretary and through CDD staff. Subcommittees shall choose a Chair and a Vice-Chair, and may choose a Recording Secretary for preparing informal minutes. A report from any subcommittee meeting shall be made at the next full CVT meeting. Staff support for subcommittee meetings may be provided, but is not required. D) Attendance CVT members shall make every effort to attend regular meetings. Any member who is unable to attend any meeting shall contact the CVT Chair or Community 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 CVT, subject to the discretion of the Council. E) Appearance on CVT’s behalf The Chair, Vice-Chair, or other duly authorized CVT member shall speak for the committee at any applicable non-CVT public hearing or other meeting as authorized by the CVT. Individual members of CVT not so designated, who do testify at a public hearing or other meeting, shall clearly identify themselves as speaking individually as a member of CVT, and shall clearly indicate that they are not authorized to speak for the full committee. R 10673 5.b Packet Pg. 48 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) Resolution No. 10673 (2015 Series) Page 9 Exhibit A F) Timely adjournment of evening meetings To encourage public participation, evening meetings of CVTs will be organized, agendized, and run so as to finish at a reasonable hour. If a particular CVT finds its evening meetings habitually running past 9:30 PM, staff and the Chair will work together to shorten the agendas and, if necessary, to expedite discussion and action on items. 7. Conflicts of Interest CVT members are not considered to be “public officials” as defined in § 82048 of the California Government Code, and therefore are not subject to the State Political Reform Act and its disclosure provisions (Government Code §§ 81000 et seq.). Nevertheless, CVT members shall remove themselves from all discussions and votes on matters in which they have any direct personal financial interest, or where the member’s professional allegiance and/or personal bias cannot be set aside to allow 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 exercise careful judgment and introspection in giving priority to the interests of fairness and objectivity; if there is any reasonable doubt that the member has a conflict, the member shall refrain from participation in the team’s deliberations and vote(s). Should a member not refrain voluntarily, and should the member’s participation specifically be challenged by another CVT member, staff, or the public, the member’s participation on any item of official CVT business may be prevented by a two-thirds majority vote of the full CVT (i.e., at least two-thirds of the total incumbent membership, including the member in question). Pervasive or recurring conflicts of interest and/or duty should lead a member to resign voluntarily from a CVT, and may be grounds for a dismissal by the Council. 8. CVT Member and Staff Responsibilities A) CVT Member Responsibilities The responsibilities of the individual CVT members include: 1) Punctually and fully attend all regular and special meetings of the CVT and all relevant subcommittee meetings, to the maximum possible extent; 2) Come to all meetings fully prepared, having reviewed the agenda and all related written/graphic material available before the meeting; 3) Conscientiously follow high ethical standards in putting the broad public interest ahead of any personal interest and/or bias, and to abstain from all discussions and votes where this is not possible; 4) Promote full and open discussion of all matters of official CVT business; R 10673 5.b Packet Pg. 49 Attachment: b - Resolution 10673 and Exhibit (1436 : Creative Vision Team Appointment) Resolution No. 10673 (2015 Series) Page 10 Exhibit A 5) Support the CVT Chair, Vice-Chair, and staff in maintaining order, keeping discussions relevant to the business at hand, and following proper procedures, while giving primary attention to matters of substance. 6) Be cognizant of the project time frame and constraints and strive to comment on products/concepts presented in a productive and expeditious manner. B) CDD Staff Responsibilities Staff responsibilities in supporting the CVT include: 1) Timely completion of deliverables within budget. 2) Schedule all CVT meetings pertaining to Downtown Concept 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 CVT meetings as appropriate, prepare recommendations and other material for CVT review and comment. Advise the CVT on matters of both substance and procedure; 4) Assist the CVT Chair in promoting full and open participation by all CVT 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 to the official business of the CVT; 6) Report the CVT’s activities, recommendations and comments to Advisory Bodies or other decision-makers and officials within the framework of the overall presentation of staff recommendations on a team product-goal (i.e. draft concepts, policies, or portion thereof); 7) Coordinate with the Chair and Secretary on CVT meeting schedules. C) City Attorney Staff support to the CVT will not be provided by the City Attorney. Specific legal issues are to be directed through CDD to the City Attorney for response. 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