PISMO BEACH COUNCIL AGENDA REPORT

Transcription

1 PISMO BEACH COUNCIL AGENDA REPORT Agenda Item #5.G SUBJECT/TITLE: DUTIES AND MEMBERSHIP OF THE CHAPMAN ESTATE ADVISORY COMMISSION RECOMMENDATION: Waive the reading of, and adopt, a Resolution amending and restating the powers, duties and membership of the Chapman Estate Advisory Commission; rescinding Resolution R BACKGROUND: Council Resolution R (Attachment 2), adopted in January 2014, established the Chapman Estate Advisory Commission and set forth the duties and membership parameters for the Commission, which is charged with advising the Council regarding the administration of the historical Estate offered to the City by late resident Clifford Chapman. The Resolution provides that no member other than the Community Development Director, who is a voting member, may serve more than two consecutive terms on the Commission. The majority of current Commission members were seated at the start of the term cycle, and the majority were re-appointed for the cycle. As such, nearly all current members will be ineligible for reappointment after February Recognizing that there may be limited pools of suitable candidates within the well-defined parameters of each of the Commissions seats, and recognizing that no other Pismo Beach Advisory Body is subject to term limits, the Council directed at its special meeting of February 9, 2016 that a future agenda item be scheduled to allow the Council to consider the elimination of term limits for the Commission. The Resolution provided as Attachment 1, if adopted by Council, will effect this change and supersede previous Resolution R FISCAL IMPACT: There is no budget impact from this request. A slight savings may be realized if fewer new member recruitments need to be conducted as a result of this request. ALTERNATIVES: 1. Adopt the resolution with revisions. 2. Decline to adopt the resolution; provide alternative direction to staff. ATTACHMENTS: 1. Resolution restating duties and membership of the CEAC 2. R , establishing the CEAC Prepared by: Erica Inderlied, City Clerk Meeting Date: April 19, 2016 City Manager Approval: Council Agenda Item 5.G Pg. 1

2 Attachment 1 RESOLUTION NO. R-2016-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH AMENDING AND RESTATING THE POWERS, DUTIES AND MEMBERSHIP OF THE CHAPMAN ESTATE ADVISORY COMMISSION; RESCINDING RESOLUTION R WHEREAS, the City Council is honored that former Pismo Beach resident Clifford Chapman donated his home and estate to the City of Pismo Beach; and WHEREAS, the deed transferring the residence to the City mandates the formation of an advisory commission to provide advice to the City Council on matters related to the administration of the Chapman residence and property; and WHEREAS, City Council Resolution R , which originally established the Chapman Estate Advisory Commission, included the stipulation that "No person other than the Community Development Director shall serve more than two (2) consecutive terms"; and WHEREAS, the City Council now desires to eliminate this term limit for all seats, in accordance with practice for all other City advisory bodies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby rescinds Resolution R and restates the responsibilities and membership parameters for the Chapman Estate Advisory Commission as follows: 1. There is hereby created a City of Pismo Beach Chapman Estate Advisory Commission ("Commission"). The responsibilities and the membership of the Commission shall be the following: A. Commission Responsibilities. The Commission shall have the following responsibilities: 1. To act as an advisory committee to the City Council with respect to all matters related to the operation and administration of the Property. 2. To act as an advisory committee to the City Council with respect to establishing reasonable rules and regulations for use of the Property; 3. To act as a community forum to hear requests from the public regarding the operation and maintenance of the Property; 4. To act as an advisory committee to the City Council with respect to which non-profit groups qualify for free use of the Property; Council Agenda Item 5.G Pg. 2

3 Attachment 1 5. To act as an advisory committee to the City Council with respect to establishing a schedule of rates and charges for users other than qualified non-profits; 6. To act as an advisory committee to the City Council with respect to developing a landscaping plan for the Property, using arborists, geologists and other professionals as appropriate, which shall preserve as much as possible existing trees and plants and provide for replacing plants or trees which are lost for any reason; 7. To act as an advisory committee to the City Council with respect to preparing and /or reviewing an inventory of furnishings and artifacts on the Property, determining which, if any, furnishings and artifacts should be retained for further use of the Property and which items, if any, should be donated or destroyed; 8. To advise Council as to other matters upon the Council's request. B. Commission Members. The Commission shall be composed of the following membership: 1. The Commission shall have 9 members; 2. One member shall be the Community Development Director; 3. One member shall be selected from the community at large; 4. One member shall be a representative from the Shell Beach Improvement Group; 5. One member shall be a representative from the San Luis Obispo Arts Council; 6. One member shall be a representative from the San Luis Obispo Symphony; 7. One member shall be a representative from either a Garden Club or the Cal Poly Horticulture or the Cal Poly Landscape Architecture Departments; 8. One member shall be a resident of the neighborhood bounded by Cliff Avenue, Vista Del Mar Avenue and Shell Beach Road; 9. One member shall be a trustee of the Clifford W. Chapman Trust of This member shall be a non-voting member of the Commission; Council Agenda Item 5.G Pg. 3

4 Attachment One member shall be a member of the City Council. This member shall be a non-voting member of the Commission; 11. Commission members serve at the pleasure of the Council and members may be removed at any time upon a majority vote of the Council; 12. The City Council may determine from time to time that representatives of other groups should be members of the Commission and that the Commission need not include representatives of all groups listed above so long as the Commission is generally representative of the interests represented by the groups listed in this section. C. Each Commissioner shall be appointed to a term of two (2) years. No term limits shall apply. Rules relating to Commission appointments and conduct shall be the same as are applicable to other advisory bodies to the City Council. UPON MOTION OF Council Member, seconded by Council Member, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19 th day of April 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: Approved: Attest: Shelly Higginbotham Mayor Erica Inderlied City Clerk Council Agenda Item 5.G Pg. 4

5 RESOLUTION NO. R Attachment 2 Original Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH ESTABLISHING THE POWERS, DUTIES AND MEMBERSHIP OF THE CHAPMAN ESTATE ADVISORY COMMISSION WHEREAS, the City Council is honored that former Pismo Beach resident Clifford Chapman donated his home to the City of Pismo Beach; and WHEREAS, the agreement transferring the residence to the City mandates the formation of an advisory commission to provide advice to the City Council on matters related to the administration of the Chapman residence and property ( "Property"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PISMO BEACH THAT: There is hereby created a City of Pismo Beach Chapman Estate Advisory Commission ( " Commission "). The responsibilities and the membership of the Commission shall be the following: A. Commission Responsibilities. The Commission shall have the following responsibilities: To act as an advisory committee to the City Council with respect to all matters related to the operation and administration of the Property. 2. To act as an advisory committee to the City Council with respect to establishing reasonable rules and Property; regulations for use of the 3. To act as a community forum to hear requests from the public regarding the operation and maintenance of the Property; 4. To act as an advisory committee to the City Council with respect to which nonprofit groups qualify for free use of the Property; 5. To act as an advisory committee to the City Council with respect to establishing a schedule of rates and charges for users other than qualified nonprofits; 6. To act as an advisory committee to the City Council with respect to developing a landscaping plan for the Property, using arborists, geologists and other professionals as appropriate, which shall preserve as much as possible existing trees and plants and provide for replacing plants or trees which are lost for any reason; Council Agenda Item 5.G Pg. 5

6 Attachment 2 Original Resolution 7. To act as an advisory committee to the City Council with respect to preparing and /or reviewing an inventory of furnishings and artifacts on the Property, determining which, if any, furnishings and artifacts should be retained for further use of the Property and which items, if any, should be donated or destroyed ; 8. To advise Council as to other matters upon the Council' s request. B. Commission Members. The Commission shall be composed of the following membership: 1. The Commission shall have 9 members; 2. One member shall be the Community Development Director; 3. One member shall be selected from the community at large; 4. One member shall be a representative from the Shell Beach Improvement Group; 5. One member shall be a representative from the San Luis Obispo Arts Council; 6. One member shall be a representative from the San Luis Obispo Symphony; 7. One member shall be a representative from either a Garden Club or the Cal Poly Horticulture or the Cal Poly Landscape Architecture Departments; 8. One member shall be a resident of the neighborhood bounded by Cliff Avenue, Vista Del Mar Avenue and Shell Beach Road; 9. One member shall be a trustee of the Clifford W. Chapman Trust of This member shall be a non - voting member of the Commission. 10. One member shall be a member of the City Council. This member shall be a non - voting member of the Commission. 11. Commission members serve at the pleasure of the Council and members may be removed at any time upon a majority vote of the Council. 12. The City Council may determine from time to time that representatives of other groups should be members of the Commission and that the Commission need not include representatives of all groups listed above so long as the Council Agenda Item 5.G Pg. 6

7 Attachment 2 Original Resolution Commission is generally representative of the interests represented by the groups listed in this section. C. Each Commissioner shall be appointed to a term of two (2) years. No person other than the Community Development Director shall serve more than two 2) consecutive terms. Rules relating to Commission appointments and rules of conduct shall be the same as are applicable to other advisory bodies to the City Council. UPON MOTION OF Council Member Vardas seconded by Council Member Reiss the 21St foregoing resolution was adopted by the City Council of the City of Pismo Beach this day of January 2014, by the following roll call vote: AYES: 5 Council Members Vardas, Reiss, Howell, Waage, Higginbotham NOES: 0 ABSENT: 0 ABSTAIN: 0 Approved: Attest: Shelly H Mayor ginb611fiarn Elaina Cano, CIVIC City Clerk Council Agenda Item 5.G Pg. 7