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HomeMy WebLinkAboutr 10454 creating the local revenue measure advisory committeeRESOLUTION NO. 10454 (2013 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CREATING THE LOCAL REVENUE MEASURE ADVISORY COMMITTEE AND DEFINING ITS TERM AND CHARGE WHEREAS, the Council of the City of San Luis Obispo has adopted the 2013-15 Financial Plan with a Major City Goal to Sustain Essential Services, Infrastructure and Fiscal Health; and WHEREAS, revenue generated from the City's local t/z-cent sales is the third largest source of revenue in the City's General Fund, and is expected to generate over $6.5 million in 2013-14 for general municipal services, as determined through the City's inclusive budget process; and \ryHEREAS, in November 2006, residents of San Luis Obispo approved Measure Y with over 65Y, of the vote, identifying that the purpose of the revenue is "to protect and maintain essential services - such as neighborhood street paving and pothole repair; traffic congestion relief; public safety, including restoring eliminated traffic patrol, Fire Marshal and fire/paramedic training positions; flood protection; senior citizen services/facilities; neighborhood code enforcement; open space preservation and other vital general purpose services; and WHEREAS, Measure Y included several important accountability measures including an annual audit of Measure Y expenditures so that the City Council and metnbers of the public can clearly identify the specif,rc municipal services and capital projects supported by Measure Y revenue every yeat; and WHEREAS, another important accountability measure included in Measure Y is an eight year sunset clause. Measure Y will expire on March 30,2015 if it is not reauthoúzed or replaced by City voters during the November 2014 General Election; and WHEREAS, the work program for the Major City Goal to Sustain Essential Services includes the creation of a Local Revenue Measure Advisory Committee to analyze the City's stewardship of Measure Y resources, seek community input regarding priorities, develop recommendations regarding alternatives for reauthorization of Measure Y or the creation of a new revenue measure, and to help perform community outreach and education; and WHEREAS, the composition of the Local Revenue Measure Advisory Committee should be representative of the community interests with a requirement that participants are residents of the City; and WHEREAS, establishing Guidelines will provide a framework for collaborative communication among Committee Members. NO'W, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that a Local Revenue Measure Advisory Committee is hereby created with a composition, term, charge, ground rules and staff support as follows: R 10454 ResolutionNo. 10454 (2013 Series) Page 2 SECTION 1. Local Revenue Measure Advisorv Committee Membership. Membership shall be comprised of residents to be appointed by the Council. The number of Committee members shall represent an odd number, SECTION 2. Action Tasks and Committee Guidelines. The City Council directs staff to take the following actions to establish and support the Committee. 1. Solicit applications and resumes of those interested in serving on the Local Revenue Measure Advisory Committee, with a deadline for submittal to the City Clerk's Office of 5:00 PM on August 16,2013. 2. Committee members shall serve at the pleasure of the City Council and may, by a majority Council vote, be appointed, dismissed, or replaced. 3. The purpose of the Local Revenue Measure Advisory Committee is to analyze the City's stewardship of Measure Y resources, seek community input regarding priorities, develop recommendations regarding alternatives for reauthorization of Measure Y or the creation of a new revenue measure, and to help perform community outreach and education. 4. To fulfill its purpose, the Local Revenue Measure Advisory Committee shall create a report, which should be presented to the Community during the Measure Y Community Forum, in March 2074, and should be presented to the City Council along with recommendations for action steps, in April 2014. 5. The Term of the Local Revenue Measure Advisory Committee shall be from the date of this resolution until a final report is delivered to the City Council, unless extended by the City Council. 6. The City will provide staff support to the Committee, with the City Manager to be primarily responsible for providing this support, to include preparation of agendas, and minutes, compilation of material for presentation and discussion at Committee meetings, and assistance with public outreach efforts. 7. The Local Revenue Measure Advisory Committee Guidelines as shown in Exhibit A, and as may be amended by the City Council, shall apply to the Committee upon formation by the City Council, including compliance with the Ralph M. Brown Act governing open meetings for local government bodies. Upon motion of Council Member Ashbaugh, seconded by Council Member Christianson, and on the following roll call vote: AYES: NOES: ABSENT Council Members Ashbaugh and Christianson, Vice Mayor Smith and Mayor Marx Council Member Carpenter None ResolutionNo. 10454 (2013 Series) Page 3 The foregoing resolution was adopted this 16th day of 2013. ATTEST: City Clerk APPR AS TO FORM J.Dietrick City Attorney an Marx EXHIBIT A Local Revenue Measure Advisory Committee Guidelines 1. lntroduction The purpose of these Advisory Committee Guidelines ("Guidelines") is to clarify the respective roles of committee members, staff and others engaging in the citizen advisory committee process to create an accurate set of expectations and an understanding of the overall process for participants, the City Council and the public. The advisory committee process is intended to be collaborative, involving a diverse group of residents who will share their viewpoints, levels of experlise and matters of concern. An effod has been made to cover key aspects of advisory committee operations, such as how appointments are made, the responsibilities of different participants, the role of staff, conflict of interest issues, and meeting procedures. Nonetheless, these Guidelines are not exhaustive, they do not incorporate statutes and regulations which may apply such as the applicable State open meetings law (Brown Act). The Guidelines strive to make adequate reference to these other rules, as appropriate. 2. Applicability These Guidelines apply to the Council-appointed Local Revenue Measure Advisory Committee whose primary mission is to analyze the City's stewardship of Measure Y resources, seek community input regarding priorities, develop recommendations regarding reauthorization of Measure Y or the creation of a new revenue measure, and to help perform community outreach and education. 3. Advisory Gommittee Establishment The Local Revenue Measure Advisory Committee is being established to advise the City on matters related to the City's local Tr-cent sale tax. The advice provided by the committee is communicated to City staff, which is tasked with taking accurate meeting minutes and reporting meeting updates to the 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 Committee, its membership, mission statement, schedule, etc, at any time. 4. Committee Authority The Local Revenue Measure Advisory Committee is advisory in nature and has no authority to approve, deny, or require modification to any policy or project under Exhibit A (Local Revenue Measure Advisory Committee Guidelines)Page 2 consideration. The committee's advice and recommendations shall be conveyed to the City Council in meeting updates, minutes and in a final repoft. When recording votes in meeting minutes, members voting for and against items will be reported. 5. Appointment Process and Membership Term Size: The size of the committee shall be established by the City Council upon its creation. The committee shall have an odd number of members; this eliminates ambiguity as to what constitutes a quorum, and minimizes the possibility of tie votes. lf a member resigns from the Committee creating an even number of members, the City Council may consider adding a member. Composition: The composition of the committee shall be determined by the City Council at the time of its creation, to ensure that specific community segments andior other interest groups are represented in the membership. Members who currently serve on Advisory Bodies shall be eligible to serve on this committee. The committee will be created by Council resolution. Application Process and Vacancies: Selection Process: Upon the close of an application period, a copy of each application submitted will be given to the Council for review. Appointment(s) shall be made by the full Council. When considering members, a goal of representation of all segments and interests of City residents, property owners, business owners, and employees should be weighed. All members must be residents of the City of San Luis Obispo. Term of Office: The purpose of the Local Revenue Measure Advisory Committee is limited in term to the presentation of a report. The Council Resolution appointing committee members will also establish the term of committee members. Vacancies: A vacancy or vacancies on the committee 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 will not be automatically filled, unless directed by the City Council. lf a vacancy is to be filled, it shall be adverlised by the City Clerk in the same manner as the original appointments by the Council. The temporary absence of members to fill vacancies as described in this section shall not affect the final recommendation by the committee to the Council. 6. Committee Operations Committee Mission and Responsibilities: The specific mission of the Local Revenue Measure Advisory Committee is to: 1) Analyze the City's stewardship of Measure Y resources, Exhibit A (Local Revenue Measure Advisory Committee Guidelines)Page 3 2) Seek community input regarding their preferences and local revenue measure spending priorities, 3) Develop recommendations specific to the November 2014 General Election regarding alternatives for reauthorization of Measure Y, or the creation of a new revenue measure, and 4) Assist the City perform community outreach and education. Officers and Rules of Gonduct: All Committee Members are appointed to serve the community at large and will represent the commun¡ty equally. For purposes of meeting management a chairperson or vice-chairperson will be selected at the first meeting of the Committee and will be selected from among the Committee members appointed by the City Council. Presentations, analysis and staff support, will be provided to the Committee. Meetings of the Committee will be facilitated by an independent, third-party facilitator. The Recording Secretary will be the City Clerk or his/her designee, who will take action minutes of motions and make a digital recording of each meeting. At a minimum, these minutes shall clearly convey motions and actions taken by the committee. These minutes are to be considered, amended as needed and approved by the full committee at the earliest possible time, and signed by the Recording Secretary. ln addition, the committee may adopt specific rules of conduct and procedure, as long as such rules are consistent with applicable laws, regulations and these Guidelines. Meeting Procedure: The Local Revenue Measure Advisory Committee is subject to the Brown Act, which sets 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 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 (7 2) hours. All 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. Members of the public are to be given an opportunity to speak to the committee 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 a majority of the committee, 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. Minutes of committee meetings will be kept on file by the City Clerk. These minutes shall be available for any interested person to examine. Meetings shall be facilitated by a professional facilitator, who will work with staff to ensure coordination of the substantial amount of information to be presented with the presence of issue area experts on the related topics. Quorum: A majority of the members of the committee 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 2) 3) 4) 5) 6) Exhibit A (Local Revenue Measure Advisory Committee Guidelines)Page 4 7) by a committee are to have a motion and second, prior to allowing further discussion and a vote. Members of the committee shall not vote on issues which involve a legal or ethical conflict of interest or duty (See Conflict of lnterest below). Subcommittees: Subcommittees may be established to focus on issues or subjects meriting more detailed work outside of normal committee meetings. Subcommittees are made up of Local Revenue Measure Advisory Committee members only, and must number fewer than a quorum. Subcommittee meeting arrangements may be set by either the staff or the committee. Such meetings are not legally required to be noticed or posted, but every effort should be made by a subcommittee member to notice and/or post the meetings, as they are open to any interested member of the public. lnformation about their time and location is to be made available through the City Clerk. Subcommittees may choose a Recording Secretary for preparing informal minutes. A report from any subcommittee meeting shall be made at the next full committee meeting. Staff supporl for subcommittee meetings may be provided, but is not required. 8) Attendance: Committee members shall make every effort to attend regular meetings. Any member who is unable to attend any meeting shall contact the City at least seventy-two (72) hours prior to the meeting. Three (3) absences by a member shall be grounds for dismissal from the committee, subject to the discretion of the Council. Appearance on the committee's behalf: Any member of the Local Revenue Measure Advisory Committee may speak for the committee at any applicable public hearing or other meeting as authorized by a majority of committee members. lndividual members of the committee not so designated, who do testify at a public hearing or other meeting, shall clearly identify themselves as speaking individually, and shall clearly indicate that they are not authorized to speak for the full committee. Timely adjournment of evening meetings: To encourage public participation, evening meetings will be organized, agendized, and run so as to finish at a reasonable hour. Conflicts of Interest: Committee 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, 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. ln 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 parlicipation in deliberations and vote(s). Should a member not refrain voluntarily, and should the member's participation specifically be challenged by another 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 committee (i.e., at Exhibit A (Local Revenue Measure Advisory Committee Guidelines)Page 5 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 the committee, and may be grounds for a dismissal by the Council. 7. Advisory Committee and Staff Responsibilities Committee Member Responsibilities: The responsibilities of the individual committee members include: 1)Punctually and fully attend all regular and special meetings of the committee and all assigned subcommittee meetings, to the maximum possible extent; Come to all meetings fully prepared, having reviewed the agenda and all related written/graphic material available before the meeting; 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; Promote full and open discussion of all matters of official business; Support committee members 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. Be cognizant of the time frame and scope of work assigned to the committee, and strive to engage other committee members and staff on the information presented in a productive and expeditious manner. Deliberation towards solutions and clear recommendations with other committee and subcommittee members that reflect the direction of the committee's majority, rather than the particular opinions of individual committee members 2) 3) 7) Gity Staff Responsibilities. Staff responsibilities in supporting the committee include 1) Completion of background reporls and information to be presented to the committee well in advance of meeting dates so that the materials can be distributed in advance, allowing committee members and the public to become familiar with the information that will be presented and discussed ahead of time. 2) Schedule all committee meetings, make arrangements for all facilities, distribute written/graphic materials, notices, and agendas, for such meetings, and coordinate necessary staff participation and guest speakers. 3) Prepare recommendations and other material for committee members to review and comment. Advise the committee on matters of both substance and procedure. 4) Facilitate full and open participation by all committee members and other people in attendance at any meeting, keeping discussion pedinent to the business at hand. Coordinate meeting schedules with committee members to maximize attendance. 5) Handle information requests for material and general information related to the official business of the committee. 4 5 6) Exhibit A (Local Revenue Measure Advisory Committee Guidelines)Page 6 Report the committee activities, recommendat¡ons and comments to the City Council. Support the work of the committee and subcommittees as directed by a majority of the committee, including presentation of additional materials that may be desired by the committee (provided the subject is within the Committee's scope) and drafting reports and recommendations for review and consideration by committee and subcommittee members; 6) 7)