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HomeMy WebLinkAboutMINUTES - 07222008 - C.110 .,. tip.. Contra TO: BOARD OF SUPERVISORS Costa FROM: Dennis.M. Barry, AICP, Interim Director County Department of Conservation and Development DATE: JULY 22, 200$ SUBJECT: MOBILE HOME ADVISORY COMMITTEE BYLAWS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION y RECOMMENDATIONS: APPROVE revised Bylaws of.the Mobile Home Advisory Committee to reconstitute through attrition.the membership from'13 members to 9 members and redesignate Supervisory District-specific seats to At Large seats as directed by the Board of Supervisors on May 6, 2008. FISCAL IMPACT: NONE BACKGROUND/REASONS FOR RECOMMENDATIONS: At the December 3 2007 Internal Operations Committee meeting, the IOC requesteduested the MHAC to,consider decreasing its membership due to many long-standing seat vacancies and the.difficulty in achieving a meeting quorum. The MHAC unanimously agreed that the membership could be reconstituted as follows: ❑ Three MembersWho o are .mo� ite home park own rs/mana er s , ❑ Three Members who are mobile home 'ark homeowners/residents, and ❑ Three Members who are from the general public, neither mobile home park owners/managers i,nor mobile home park homeowners/residents. In addition to reducingthe overall committee size the reconstitution would also , redesignate Supervisory District-specific seats�,`,to At Large seats. i CONSEQUENCES OFNEGATIVE ACTION: Committee would continue to have difficulty finding interested persons to serve and as a result, difficulty in achieving a quorum for its 'meetings-. r CONTINUED ON ATTACHMENT: ❑ YES ❑ NO SIGNATURE r RECOMMENDATION OF COUNTY ADMINISTRATOR { RECOMMEODATIqlN OF BOARD C MMITTEE !' APPROVE OTHER SIGNATURE(S): ' ACTION OF BOARD ON G APPROVED RECOMMENDED -v' OTU R VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND /U' NANIMOUS,(ABSENT ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ` i� © ATTESTED V 2z" .2wg Contact: Debbie Gorman (925-313-4310) JOHN GZV LLEN, CLERK OF THE cc: Department of Conservation and Development(DCD) BOARD OF SUPERVISORS AND Clerk of the Board (Maddy Book) COUNTY ADMINISTRATOR BY DEPUTY DG:dg D/MHAC/By1aws_REV_B0_08.d0c OPERATING RULES OF`THE CONTRA COSTACOUNTY MOBILE HOME ADVISORY COMMITTEE } (Approved by the Board of Supervisors July 225 2008) SECTION 1. GENERAL PROVISIONS Name: Mobile Home Advisory Committee Number of Members: 9 Regular Meeting: Date: 3rd Thursday of each month Time.: 2 p.m. Location: To be announced prior to meeting Annual meeting: Regular meeting for month of January SECTION 2. NAME The name of this organization is that set forth above, and it is hereinafter:referred to as "Committee". SECTION 3. CHARGES TO THE COMMITTEE 3.1 The Committee isr"a duly appointed advisory committee to the Contra Costa County Board-of Supervisors, and its membership shall support and uphold all laws, ordinances, and regulations applicable thereto-and setting forth its duties. 3.2 The Committee's-role and responsibilities are as follows: a. To advise the Board of Supervisors on policies and' issues relating to mobile home parks in the unincorporated area of the County. .: b. To work with mobile home park owners and residents to improve resident/owner,communications, and resolve problems and conflicts in mobile ' home parks. c. To provide a forum for resident/owner discussion of perceived problems in mobile home parks when other means of communication have broken down. d. To discuss problems ofpark maintenance and work with residents, park owners, and County staff to resolve identified problems. Ag(D/MHACBy1aws_REV_5 08.doc)(approved by BOS 6/3/08) -Page 1 SECTION.4. MEMBERSHIP .4.1 This Committee has the number of members set forth in Section ;1 (9). 4.2 The Board of Supervisors shall appoint;Committee members as follows: ➢ Three Members:who,'are mobile home park.owners/managers, ➢ Three Members who are mobile home park homeowners/residents, and ➢ Three Members who are from the general public, neither mobile home park owners/managers nor mobile home park homeowners/residents. 4.2A Definition of County Staff Position: As a non-member of the Committee, staff's role is to send out and post agendas, attend Committee meetings, serve as an advisor to the Committee on County policies and procedures, especially those pertaining to advisory bodies, and track and maintain the Committee roster of members, including the preparation of Board Orders to declare vacancies. 4.3 The terms of membership shall be as follows: . The term of each member shall be four 'years beginning January 1 Terms shall be staggered in such a manner that five)(5) members are appointed in the odd numbered years and the remaining four�,(4) members are appointed in even numbered years. 4.4 During the term of office each member shall reside or`work in the County. 4.5 Members shall serve at'the pleasure of the Board of Supervisors. R 4.6 Members shall serve'without compensation, except that the Board of Supervisors may provide for eimbursement of actual and necessary related expenses. 4.7 Members can be reappointed. 4..8 A special appointment can be made by the Board of Supervisors if a member resigns. 4.9 New applicants for.Committee positions!,are encouraged to attend two to three meetings prior to an appointment to a position. The Mobile Home Advisory Committee shall interview all applicants and make recommendations to the Board of Supervisors' Internal Operations Committee. :dg(D/MIJACBylaws REV 5_08.doc)(approved by BOS 6/3/08), -Page 2- SECTION 5. CONFLICT OFINTEREST 5.1 General Board Policy,. Pursuant to Resolution No. 2002/376, the, Board of Supervisors has adopted a policy for Board appointees concerning conflicts of interest. Resolution No. 2002/376 applies to this Committee and'requires as follows: a 5.1A Statutes of;Conflicts. Officials, Commissioners, and Committee members appointed by the Board shall adhere to the principles and rules of the Political Reform Act of 1974 (Gov. Code §81000 et seq.) including the following: a) Local government should serve the needs and respond to the wishes of all citizens equally, without regard to their wealth. (Gov. Code §81001 [b].) b) Public officials!,,should perform their duties in an impartial manner, free from bias caused by financial interests of themselves or their supporters. (Gov. Code §181002 [b].) c) Public officialsshould disclose assets and income which may be materially affected by their official actions, and in appropriate circumstances,they should be disqualified from acting, in order to avoid conflicts of interest. (Gov. Code §81002'[d].) 5.1 B Common Law Policy on Conflicts. All officials should so conduct the public business as to avoid even I�any appearance 'of conflict of interest. (See, e.g., Kimura v. Roberts [19,79] 89 Cal.,App. 3d 871.) 5.2 Board Policy for Mobile Home Advisory (Committee. The Board does not find or imply that members of the Mobile Home Advisory Committee are.public officials within the meaning of Government Code Section 87100 (Political Reform Act). This declaration of policy is to clarify the application of the Board's general policy on conflict of interest for the Mobile Home Advisory Committee. :dg(D/MHAGBylaws_REV S_08:doc)(approved by BOS 6/3/08) -Page 3- it ' !4 SECTION 6. OFFICERS 6.1 The elected officers of this Committee shall be Chairperson, a Vice-Chairperson and a Secretary. 6.2 Election of officers shall be held.at the January meeting, or as soon as a quorum is in attendance at a regular,-monthly meeting. 6.3 The Chairperson, Vice--Chairperson, and Secretary.shall be elected annually by a majority ballot vote-of the members an&shall serve.until replaced. 6.4 The Chairperson shall 'rotate each year among park owner/manager, park homeowner/resident, and general public member. 6.5 The County Administrator, or his designee, shall serve as Advisor to the Committee when necessary. 6.6 A three-person subcommittee shall serve as a membership subcommittee.to screen applicants and advise the Board lof Supervisors. SECTION 7. MEETINGS 7.1 This Committeeshall meet on the day, time, and place set forth in Section 1. 7.2 The Clerk of the Board.of Supervisors shall be given notice of the,established day, place and time of each meeting held.by the Committee. 7.3 All meetings shall be.open to the public. " 7.4 The membership shall conform to the requirements of the Ralph M. Brown Act (Government Code Section 54950 ff) and County Better Government Ordinance (Ord Code Chapter 25-2). 7.5 A quorum shall consist of five.(5) of the appointed members. One of those voting shall be a duly elected 'officer. (The change to 5 from'6 shall become effective once the 3/3/3 membership balance is achieved through attrition of the existing membership as approved by the Board of Supervisors on May 6, 2008.) 7.6 Each member shall have one vote and the majority of members shall determine the passage-of any recommendation to the Board of Supervisors. 7.7 Summary minutes of each meeting shall;;be kept. Ag(D/MHACBylaws_REV 5 08.doc)(approved by BOS 6/3/08) -Page 4- •r SECTION 8. ATTENDANCE 8.1 It is the member's responsibility to be prompt and attend all meetings to ensure a quorum. 8.2 When a member cannot attend a regular or special meeting, the member shall notify the Chairperson or the County Committee Staffperson of this fact either orally or in writing before meeting time. 8.3 When any member is charged with three consecutive.absences, the chairperson and the secretary may request the Board of Supervisors in writing to declare the member's position vacant and follow appropriate procedures to enable the appointment of a replacement member in a timely manner. SECTION 9. DUTIES OF OFFICERS 9.1 The Chairperson shall:: a. Preside over all:,regular and special meetings. b. Maintain communication with the Board of Supervisors as necessary. C. Have the authority to appoint special subcommittees as necessary. d. Perform other duties specified for the office of Chairperson in these rules. e. Submit an annual report and the objectives of the Committee for the following year to the Board of Supervisors by the second Tuesday of December. 9.2 The Vice-Chairperson shall: a. Preside and act for the Chairperson in his/her absence. 9.3 The Secretary shall: a. Keep a record of the minutes of all meetings. b. Keep a complete up-to-date roster of members. c. Conduct all correspondence unless otherwise ordered. d. Cause notices to be sent or delivered as required. e. Keep a record of attendance at all meetings. Ag(D/MHAC/By1aws_REV_5_08.doc)(approved by BOS 6/3/08). -Page 57- i SECTION 10. AMENDMENTS:. These rules may be amended as follows: 10.1 An amendment may be proposed by any member of.the Committee at any regular meeting of the,'Committee. 10.2 Upon majority vote of members, the amendment shall be placed upon the agenda of the next scheduled meeting f the Committee for discussion and recommendation to the Internal Operations Committee. 10.3 The amendment to these bylaws, except as noted in .10.4 below, shall become effective.immediately upon a majority vote of members and after approval from the Internal Operations Committee and Board of Supervisors. 10.4 No amendment to these bylaws affecting the method of selection., term of office or duties of members or officers shall take affect during the term of office of those who. may be affected by the amendment. Endnote' 1997 MOBILEHOME RESIDENCY.LAW DEFINITION'SECTION — CALIFORNIA CIVIL CODE 798.2. DEFINITION OF MANAGEMENT. "Management means the owner of a mobile,home park or an agent or representative authorized to act on his/her'behalf in connection with matters related to a tenancy in the park. 798.9. DEFINITION OF HOMEOWNER "Homeowner" is a person who has a,tenancy. in a mobile home park under a rental agreement. 798.11. DEFINITION OF RESIDENT "Resident'' is a homeowner or other person who lawfully occupies a mobile home. Ag(D/MHACBylaws_REV 5_08.doc)(approved by BOS 6/3/08) -Page 6-