HomeMy WebLinkAbout09-03-2013 b2 selection of revenue measure advisory com
FROM: Katie Lichtig, City Manager
Prepared By: Michael Codron, Assistant City Manager
SUBJECT: LOCAL REVENUE MEASURE ADVISORY COMMITTEE MEMBER
SELECTION
RECOMMENDATION
Discuss and select the membership of the Local Revenue Measure Advisory Committee.
DISCUSSION
Background
On July 16, 2013, consistent with the work plan in the “Sustain Essential Service and Fiscal Health”
Major City Goal, the City Council created the Local Revenue Measure Advisory Committee and
adopted guidelines for the conduct of the Committee (Attachment 1).
The specific mission of the new advisory body is to:
1) Analyze the City’s stewardship of Measure Y resources,
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 in performing community outreach and education.
The application period extended between July 19 and August 16. At the close of the application
period, the City had received 15 applications (Attachment 2, Applicant List). The applications were
confirmed by the City Clerk, and distributed to the City Council for review on Monday, August 19.
Selection Procedure
The following steps are recommended to select Committee Members.
1. The City Clerk will provide each Council Member with a transparency that includes all of
the applicants’ names.
2. The Council will check the box for each member that they wish to nominate.
3. When the transparencies are overlaid on the projector, the City Clerk will identify the names
of the applicants that have at least three nominations.
4. The Council will discuss the first slate of nominees.
5. If necessary, additional rounds of nominations may occur until the Council is satisfied with
the size of the Committee.
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Local Revenue Measure Advisory Committee Member Selection _______ Page 2
Meeting Facilitation
On July 16 the City Council decided that the meetings of the Committee and the public workshops
should be facilitated by a third-party. Staff reached out to area facilitators to invite proposals and
received three. The proposals were submitted by Catalyst Consulting (Dale Magee), Creative
Mediation (Steffanie Medina), and Leonard Milstein. The City Manager will evaluate the proposals
and provide the City Council with an update on the selection process either prior to, or during, the
September 3 Council meeting.
Next Steps
Attachment 3 includes a process summary for the new Committee. This summary is an outline of
the meeting schedule, topics, staff work products needed to support the facilitator and committee,
and the facilitator’s role. This is a draft document that identifies one approach towards achieving the
Committee’s objectives outlined in the guidelines. Once the Committee is appointed and a
facilitator is hired, the process summary will be refined as needed.
FISCAL IMPACTS
As part of the 2013-15 Financial Plan, the City Council authorized a budget of $50,000 for local
revenue measure planning efforts. The City Council authorized an additional $10,000 on July 16 so
that the meetings could be facilitated by a professional facilitator rather than staff. With the cost of
the facilitator included, expenditures associated with the proposed Local Revenue Measure
Advisory Committee are expected to be less than $15,000. There is sufficient budget available to
cover these costs.
ALTERNATIVES
The City Council can provide staff with direction if it wants to use a different process to select
Committee Members.
ATTACHMENT
1. Local Revenue Measure Advisory Committee Guidelines
2. Applicant List
3. Committee Process Summary
T:\Council Agenda Reports\2013\2013-07-16\Local Revenue Measure Advisory Committee (Lichtig-Codron)\Advisory Committee (CAR).docx
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ATTACHMENT 1
Local Revenue Measure
Advisory Committee Guidelines
1. Introduction
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 expertise and matters of
concern.
An effort 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 Committee Establishment
The Local Revenue Measure Advisory Committee is being established to advise the
City on matters related to the City’s local ½-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
consideration. The committee’s advice and recommendations shall be conveyed to the
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ATTACHMENT 1
Local Revenue Measure Advisory Committee Guidelines Page 2
City Council in meeting updates, minutes and in a final report. 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. If 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 and/or
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. If a
vacancy is to be filled, it shall be advertised 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:
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ATTACHMENT 1
Local Revenue Measure Advisory Committee Guidelines Page 3
1) Analyze the City’s stewardship of Measure Y resources,
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 Conduct: All Committee Members are appointed to serve the
community at large and will represent the community 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.
In 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 (72) hours.
2) 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.
3) 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.
4) Minutes of committee meetings will be kept on file by the City Clerk. These
minutes shall be available for any interested person to examine.
5) 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.
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ATTACHMENT 1
Local Revenue Measure Advisory Committee Guidelines Page 4
6) 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
by a committee are to have a motion and second, prior to allowing further
discussion and a vote.
7) Members of the committee shall not vote on issues which involve a legal or
ethical conflict of interest or duty (See Conflict of Interest below).
8) 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.
Information 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 support for subcommittee meetings
may be provided, but is not required.
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. Individual 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.
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
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ATTACHMENT 1
Local Revenue Measure Advisory Committee Guidelines Page 5
objectivity; if there is any reasonable doubt that the member has a conflict, the member
shall refrain from participation 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
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;
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 business;
5) 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.
6) 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.
7) 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
City Staff Responsibilities. Staff responsibilities in supporting the committee include:
1) Completion of background reports 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.
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ATTACHMENT 1
Local Revenue Measure Advisory Committee Guidelines Page 6
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 pertinent 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.
6) Report the committee activities, recommendations and comments to the City
Council.
7) 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;
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Attachment 2
Local Revenue Measure Advisory Committee Applicants
Closing Date: August 16 @ 5:00 p.m.
1Andreen, Patricia
2Barasch, Stephen B.
3Boswell, Michael R.
4Brooks, Lea
5Carranza, Victoria Rose
6Carroll, Jeri
7Devitt, Andrea (Withdrawn)
8Ehdaie, Suzan
9Fowler, John Dale
10Grant, James
11Hurd, Dia K.
12Multari, Michael
13Norton, Cate
14Powers, William H.
15Tasseff, Ken
Applications have been provided to the City Council and are available for review in the City Clerk's Office
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Local Revenue Measure Advisory Committee Process Summary
(All Dates are Tentative)
Meeting #1 – September 19, 2013
Background and History of Measure Y: Develop a clear understanding among Committee Members
about how Measure Y revenues are collected, budgeted, spent and accounted for. The themes that will
be covered in presentations include how and why Measure Y came to be, Measure Y accountability
provisions, and the benefits that have been derived from investments in Measure Y priorities.
Deliverables: Staff will create and provide Committee Members with binders that include background
information on Measure Y, budget documents, and audit reports. These will include record documents,
such as the ordinance enacting Measure Y, and graphical summaries.
Meeting Facilitation: The meeting facilitator will help the Committee engage in a discussion about the
issues and draw out areas where additional information is needed, or uncertainty regarding issues
remains. The facilitator will invite public participation and input to the Committee.
Meeting #2 – October 10, 2013
Revenue Measure Nuts and Bolts: The Committee will ultimately be asked to write a report and make a
recommendation to the City Council regarding a potential future local revenue measure. This meeting
will focus on helping the Committee develop an understanding of the types of revenue measures,
related laws and procedural requirements, and what its options are.
Deliverables: Staff will make a presentation regarding general and specific purpose taxes, including
election regulations. The presentation will include a survey of revenue measures proposed in other
California cities, and a look at the provisions included in the Measure Y ordinance.
Facilitator: The Committee will be presented with a large amount of information related to the rules and
regulations associated with revenue measures, and how other California cities have approached the
issue. The meeting facilitator will ensure that the Committee understands this information and is able to
identify any additional information members believe will be helpful. The facilitator will invite public
participation and input to the Committee.
Meeting #3 – October 24, 2013
Understanding Community Preferences: Measure Y identified community priorities for expenditures of
the 1/2 cent sales tax revenue, and requires the City to engage the community on an annual basis as
part of the budget process to make sure Measure Y expenditures are aligned with community priorities.
This meeting will provide background information to the Committee about community preferences, and
provide the Committee with a forum for input on a planned scientific public opinion poll.
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Deliverables: Staff will review the ballot language from Measure Y, Measure Y priorities established with
each subsequent financial plan, the results of past public opinion research, and results from other public
recent surveys including the LUCE survey and budget survey.
Facilitator: The facilitator will ensure that the Committee has the background information it needs to
engage in a discussion about the proposed public opinion research, and will facilitate a discussion to
provide input to City staff on the questions that will be asked. The facilitator will invite public
participation and input to the Committee.
Meeting #4 – Public Workshop, November 7, 2013
Workshop: A public workshop will be conducted to give Committee members an opportunity to engage
directly with members of the public in a comfortable setting. The meeting will include information
stations focused on Measure Y, such as Completed Projects, Project Benefits, Survey Results, and The
Next Measure Y. Each station will be designed to provide educational information, and get feedback
from members of the public.
Deliverables: Materials and information for the information stations. Results from the new public
opinion research to be conducted by Fairbank, Maslin, Maullin, Metz and Associates (FM3).
Facilitator: The facilitator will participate in the design and conduct of the workshop, including activities
and methods to engage committee members and members of the public in the issues surrounding
Measure Y and alternatives for reauthorizing a half‐cent sales tax.
Meeting #5 – December 5, 2013
Alternative Revenue Measure Discussion: The Committee will discuss their ideas and take public
testimony regarding potential alternatives to reauthorization of the current ordinance enacting the
City’s ½ cent sales tax.
Deliverables: A brief presentation will be provided summarizing the available options, recapping the
public workshop and other public input provided to the Committee to date.
Facilitator: The meeting will be largely focused on discussion and deliberation among Committee
members, along with public comment, giving the facilitator and important opportunity to help guide the
discussion to a productive outcome. At this point, Committee members should get their ideas on the
table and start to develop a consensus on a path forward. The facilitator should help the Committee
identify sub‐committee members that are willing to work on a report, and bring back a draft
recommendation for the full Committee to consider. The facilitator will invite public participation and
input to the Committee.
Subcommittee Meetings:
The facilitator will provide support to a subcommittee who will be tasked with developing a draft
recommendation to present to the full committee at the next meeting. In addition to development of a
draft recommendation, the subcommittee will begin work on a final report. City staff and the facilitator
will provide support to the subcommittee, in terms of preparing draft work products for review,
answering questions, providing additional background information, and additional work as requested by
the members.
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Meeting #6 – January 9, 2014
Deliberation/Recommendations: The sub‐committee and facilitator will report out on their progress and
present a draft recommendation. The full Committee will deliberate over the recommendation and
provide direction back to the sub‐committee regarding changes.
Deliverables: Staff will be available to answer any questions or provide input on any issues raised by the
Committee.
Facilitator: The facilitator will work with Committee members to identify issues for discussion as the
Committee works towards developing consensus or majority support for a draft recommendation.
Subcommittee Meetings:
The facilitator will provide support to a subcommittee who will be tasked with developing a draft
recommendation to present to the full committee at the next meeting. In addition to development of a
draft recommendation, the subcommittee will begin work on a final report. City staff and the facilitator
will provide support to the subcommittee, in terms of preparing draft work products for review,
Meeting #7 – February 6, 2014
Review of Final Report: The subcommittee will present a draft of the final report to the full committee
for discussion and deliberation.
Deliverables: Staff will be available to answer any questions or provide input on any issues raised by the
Committee.
Facilitator: The facilitator will work with Committee members to identify issues for discussion as the
Committee works towards developing consensus or majority support for the format and content of the
Committee’s final report. The facilitator will invite public participation and input to the Committee.
Measure Y Community Forum (March 12, 2014)
During the annual Measure Y Community Forum, the facilitator and Committee Members will present
their final report and seek further input from the community.
City Council Review of Committee Report (April 16, 2014)
A final version of the report and recommendation will be presented to the City Council to inform the
Council’s discussion and a future decision regarding potential revenue measures proposed for the
November 2014 General Election.
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B2 - 14