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HomeMy WebLinkAboutMINUTES - 10162001 - C.18 TO: BOARD OF SUPERVISORS ce FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 16, 2001 SUBJECT: Approve By-Laws; County Seryice Area R-10, Rodeo area, District 2. SPECIFIC REQUEST(S)OR RIVOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: Approve the Citizen's Advisory Committee By-Laws for County Service Area R-10, Rodeo. II. Financial Impact: None III. Reasons for Recommendations and Background: The County Service Area R-10 Rodeo Citizens Advisory Committee has developed by-laws for the conduct of the Citizen's Advisory Committee.The Committee recommended that these by-laws be approved by the Board of Supervisors. IV. Consequences of Negative Action The Advisory Committee will be operating without Board approved by-laws. Continued on Attachment:X SIGNATURE: i _-"RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE P-'X-PPROVE OTHER SIGNA'1'URE(S): ACTION OF BO R ON October 16 , 2,@UFOVED AS RECOMMEND OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS ATTESTED: 001 tnhPr If; , 2Q()] JOHN SWEETEN,Clerk of the Board o Supervisors and County Administrator xX UNANIMOUS(ABSENT ) AYES: NOES: By Deputy ABSENT: ABSTAIN: SE:cl:lad \\Pws4\shardata`•.GrpData\SpDist\Board Orden;0001\10 October\bo 16-10-01.dochoardorders\2001\bp-16-10-01 Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) cc: Members of the Board of Supervisors County Counsel CSA R-10 CAC R-10 CITIZENS ADVISORY COMMITTEE FOR R-10 SERVICE AREA BY -LAWS 1. GENERAL DUTIES The Citizens Advisory Committee for R-10 Service Area (Committee) shall study problems regarding parks and recreation of general or special interest with respect to this County Service Area and the Lighting and Landscaping District (LL-38) and make reports and recommendations thereon to the Board of Supervisors to help the Board exercise the powers provided by the County Service Area Law (Government Code 25210.1 et seq.). Staff from the Contra Costa County Public Works Office (County) provides administrative and project support to the Committee. 2. COMMITTEE MEMBERSHIP The Committee is comprised of 7 members and 2 alternates. All committee members must be residents of Rodeo. 3. OFFICERS AND ELECTIONS 3.1 The officers are Chairperson, Vice-chairperson, and Secretary. 3.2 Officers shall be elected annually at the first regular meeting on or after July 1S`. All officers shall be members of and elected by the membership of the Committee. 3.2 Terms of Office. The term of office is one year. The chairperson shall not serve more than two consecutive terms. 3.3 Ascension to Office. Officers shall take office immediately following their election. 3.4 Removal from Office. Officers may be removed at any time by a majority vote of the committee. 3.5 Replacement of Officers. Any officer removed from office or who has resigned shall be replaced by vote of the Committee as soon as possible. 4. DUTIES OF OFFICERS 4.1 Chairperson The Chairperson, and in his/her absence, the Vice-chairperson, shall preside at all sessions, sign documents as required, and shall perform the other duties ordinarily performed by that office. The Chairperson shall appoint all Committees and Sub-committees and their chairpersons who shall serve at the pleasure of the Chairperson. The Chairperson is an ex-officio member of all Committees and Sub- committees The Secretary shall post and provide notices and agendas of all meetings to the public, Committee or Sub- committee and to the County. 4.2 Vice Chairperson In the absence of the Chairperson, the Vice-Chairperson shall preside over all sessions and shall assume all other duties and responsibilities of the Chairperson. 1 4.3 Secretary The Secretary shall record all minutes of the Committee or shall assume responsibility for such recording. The Secretary shall make the time, place, agenda, and minutes of Committee meetings available to the public upon request. The Secretary shall provide and post the required meeting notices and agendas required by the State Brown Act and the Board of Supervisors' Better Government Ordinance. Written notice of the Committee's meeting place and times and any changes thereto shall be provided to the County Supervisor for the area and the Service Area Coordinator and any person who has filed a written request (paid fees, etc.) for such. All minutes, resolutions, correspondence, and other pertinent information shall be permanently maintained by the secretary. A copy of all minutes, resolutions and reports shall be provided to the County Supervisor for the district and the County's Service Area Coordinator. 5. SOME CAUSES FOR REMOVAL FROM COMMITTEE BY THE BOARD OF SUPERVISORS 5.1 Failure to attend more than 50% of the scheduled meetings on an unexcused basis during a 3-month schedule. Committee Members are to notify Committee Chair and alternate in event of an absence. Committee Chair will bring to Board vote to approve absence as excused or unexcused. 5.2 Failure to accomplish duties directed by the Committee in a reasonable period of time. 5.3 Voting upon any matter in which the member has any financial interest other than as a normal community citizen. 5.4 Attempting to influence the Committee upon any action, which if undertaken, will result in financial gain or reward to the member. 6. RESIGNATION. A member may resign from the Committee at any time. Written notice should be provided to the Chairperson and to the Board of Supervisors. 7. REPLACEMENT OF MEMBER. The Committee shall interview all prospective applicants and recommend a list of one or more names with their qualifications o the office of the County Supervisor for the District for consideration. The Committee may if it so desires, recommend one of the potential appointees. 8. MEETING TIMES OF THE COMMITTEE OR ITS SUB-COMMITTEES. 8.1 Regular Committee meetings shall be held monthly on a regular day, at a regular time and place as established by Committee resolution. 8.2 The Chairperson or four members of the Committee may call a special meeting as deemed necessary providing proper notice can be given as required by the Brown Act (Government Code Section 54956) and the Better Government Ordinance. 8.3 Notice of a regular meeting held in an alternate site, or of a special meeting shall be given at least 96-hours in advance to each member of the Committee and to any person requesting such notice. 8.4 Notice of a special Committee or Sub-committee meeting shall be given at least 24 hours in advance to each member of the Committee and to any person requesting such notice. 2 8.5 All Committee and Sub-committee meeting notices shall include agenda, date, time and location of meeting and be posted in a timely manner as required by law. 9. MEETINGS 9.1 All Committee and Sub-committee meetings shall be open to the public. 9.2 The Chairperson shall conduct all meetings in a fair and proper manner, and shall make all procedural rulings in accordance with Roberts Rules of Order, the Brown Act and the County's Better Government Ordinance. 9.3 Chair will notice County's Service Area Coordinator of the need for their attendance at a Committee meeting 4 days prior to the meeting. . 9.4 Everyspeaker addressing the Committee shall state his/her name and address if speaking as a resident of the County Service Area, or he/she shall state his/her name and identify the property or organization he /she is representing. 9.5 The Chairperson shall recognize any speaker before the speaker is permitted to address the Committee. Only one speaker is permitted at a time. Discussion will be permitted only as directed to the agenda item. Informational requests will be permitted at any time upon recognition by the Chairperson. 9.6 Any regular or special meeting may be adjourned to a later time or date by a majority vote of those present, provided a specific time is set for such an adjourned meeting and the Brown Act is complied with. At such adjourned meetings, all business may be regularly transacted which would have been proper at the meeting from which adjournment was taken. 10. PARLIAMENTARY PROCEDURE 10.1 Parliamentary procedure shall be governed by Robert's Rules of Order, newly revised, except when in conflict with the Governing Rules of the Committee, the Brown Act or the Better Government Ordinance. The order of business may be suspended at any meeting by a majority vote of those committee members present. 10.2 Dispensing Official Committee Information. Spokespersons concerning actions of the Committee shall be the secretary or chairperson of the Committee unless such authority is delegated 10.3 Authority of Individual Committee Members. Individual committee members may participate in various public relations activities and exercise their rights of freedom of speech. They cannot, however, individually commit the Committee to any action. The Committee acts as a whole, and any individual member may introduce ideas to the Committee at any regular meeting or may request an item be added to the following meeting's agenda. 11. WORK MEETINGS. 11.1 Work meetings of sub-committees may take place at the call of the chairperson. The time and place shall be determined and notice shall be part of the regular meeting agenda all done in full compliance with the Brown Act and the Better Government Ordinance. 11.2 Sub-committee work meetings are the responsibility of the sub-committee chairperson and all sub-committee members are to be informed of such meetings by the sub- committee chairperson and otherwise noticed as required by law. Sub-committee reports are to be in writing at the discretion of the sub-committee chairperson. 3 12. AGENDA. 12.1 The agenda will be prepared by the Chairperson for posting by the Secretary. Requests for items to be included should be submitted to the Chairperson at least 5 days in advance of a regular meeting, or may be added to the agenda at a regular meeting pursuant to Government Code Section 54954.2(b)(2) which provides upon a determination by a two-thirds vote of the members of the Committee present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the Committee subsequent to the agenda being posted 96 hours prior to the regular meeting. 12.2 GENERAL ORDER. The agenda shall consist of the following sections: 12.2.1 Call to order when quorum present. 12.2.2 Approval of Minutes. 12.2.3 Public Comment 12.2.4 Adoption of Agenda - The Committee, by majority vote, shall adopt the agenda before proceeding to the consideration of the items to be discussed. Following such adoption, agenda items may not be added, removed, or their order changed unless by the unanimous consent of the Committee present at the time the agenda was adopted as final. All matters shall be considered by the Committee in the order listed on the agenda adopted as final to the extent of time available. Only matters on the agenda or accepted as final or modified as provided may be considered. Agenda items not considered as completed at a meeting become agenda items at the following meeting. Sub-committee chairpersons shall place on the agenda any item deemed necessary for full committee action. 12.2.5 Sub-committee informational reports. 12.2.6 Public Works Reports 12.2.7 Other 12.2.8 Communications 12.2.9 Announcements 12.2.10 Adjournment and setting of time of next meeting 12.2.11 Good Order 13. CONSIDERATION OF AGENDA ITEMS. 13.1 Presentations shall be limited to 15 minutes, unless prior exemption is granted by the Committee. 13.2 Discussions may be limited to a definite time by vote of the Committee. 13.3 All deliberations by the Committee shall be closed to outside speakers until after full discussion by the Committee. The Chairperson shall recognize or request information from advisors when questions arise that cannot be answered by members of the Committee. 13.4 Motions developed during the course of discussions shall be stated clearly to the Secretary and snail be re- read prior to voting. 13.5 Once a motion is made and seconded, discussion will be limited to that particular motion. Primary discussions will be limited to the Committee, the County, and any person or organization directly affected by the motion. The Chairperson shall determine the time at which discussion is opened to the public. A call for the motion can only be made after all 4 affected parties, including public speakers, have had an opportunity to speak to the motion. 13.6 Each speaker should avoid repetition of the remarks of a prior speaker and speak only to the agenda item under consideration. 13.7 Questions from the audience may be directed to committee members through the Chairperson. 13.8 Following each speaker's remarks, each committee member shall be given the opportunity to comment further and to address questions to the speaker. The speaker may not be permitted or required to answer such questions if all of the Committee present other than the questioner object. 14. QUORUM AND VOTING 14,1 A majority of the voting members is a quorum for the conduct of all business. 14.2 All actions of the Committee shall be by majority vote of the members (quorum) present. 15. BUDGET AND FISCAL OVERSIGHT 15,1 Two months prior to each fiscal year (April) the Committee will develop a proposed budget for the R-10 Service Area. 15.2 Funding sources may include property assessments, park dedication fees, contracts and grants, program and rental income and all other monies under the purview of the Committee. 15.3 Expense items will include but are not limited to: recreation director's position, program expenses, facility maintenance, utilities, petty cash fund, facility development, custodial and support services, and capital projects. 15.4 Upon adoption of the Budget, the County is authorized to expend funds only as outlined in the approved budget. Any deviation from the approved Budget should first be presented to the Committee for its recommendation on the request to amend the approved Budget before funds are committed. 15.5 Upon adoption of the Budget, the Public Works Department and its employed Recreation Director have authority to expend funds only as outlined in the Budget. Any deviation from the approved Budget should first come before the Committee for its recommendation on the request to amend the approved Budget before funds are committed. 15,6 A petty cash fund will be established by the County with the recommendation of the Committee and maintained by the Public Works Department and its Recreation Director. All documentation will be maintained by the Public Works Department and its Recreation Director as required for audit. All documentation and reporting will be submitted by the Recreation Director for reimbursement to the County to maintain the fund at the level established by the approved budget. 16. FISCAL AND PROGRAMMATIC REPORTING 16.1 Each month the Public Works Department is to provide to the Committee accounting reports for all R-10 funds using the reporting format developed and approved by the Committee. This reporting format will be provided by the Committee to the Public Works 5 Department. Any changes to the reporting format must be approved by the Committee. Format changes will be provided to the Public Works Department. The Public Works Department will incorporate format changes within 30 days of notification. 16.2 Accounting reports will be submitted to the Committee Chair by the Public Works Department ten (10) days prior to the Committee's monthly meeting. 16.3 Within seven (7) days after the Committee's monthly meeting, the Committee will submit to the Public Works Department any questions, concerns or clarifications regarding the financial reports. The Public Works Department will respond to these requests within ten (10) days. 16.4 The Public Works Department shall as requested submit a written report to the Chair on all on- going and pending projects under Public Works Department purview within the R-10 district ten (10) days prior to the Committee's monthly meeting. 17. CONTRACTS 17.1 Except where necessary due to emergency or other circumstances requiring action, the Public Works Department and its employed Recreation Director shall obtain the Committee's review and recommendation for all contracts for goods and services before initiation or renewal. Examples of these contracts include but are not limited to: Custodial services Landscaping and maintenance services Construction projects Rental agreement form Fees for services 18. RECREATION PROGRAM 18.1 A Subcommittee of the Committee and the Recreation Director will develop a Recreation Program Plan (Plan) each fiscal year in a parallel process to the development of the Budget. The Plan will be submitted to the Committee for approval recommendation. 18.2 Upon the County's adoption of the Plan, the Public Works Department and its Recreation Director have full authority to implement the Plan. Any deviation from the Plan, either programmatically or fiscally, should first be presented to the Committee for its recommendation prior to any Plan Amendment. 18.3 The Public Works Department supervises the Recreation Director's employment but the Director shall receive reports directly from the Committee. 18.4 The Committee may review and report its recommendations to the Board of Supervisors concerning County Service Area R-10 activities and programs as it deems necessary. 18.5 The Recreation Director will verbally or in writing provide a Recreation Program Report to the Committee. If in writing, the report will be submitted 4 days prior to the Committee monthly meeting. 19. METHOD OF AMENDING THE GOVERNING RULES 19.1 Amendments shall be proposed in writing at a regular meeting by a committee member or to the Chairperson from the County legal staff. 6 19.2 Amendments shall be placed on the regular posted meeting agenda and read in full by the Secretary. This shall constitute the first reading. Amendments shall be part of the minutes and sent to all committee members. 19.3 A second reading of the Amendment shall be placed on the subsequent regular meeting agenda and voted upon at that time. 19.4 Thereafter, any such proposed amendments shall be submitted for consideration and adoption by the Board of Supervisors. \\Pws4\shardata\GrpData\SpDist\Cleri6al\R10Bylaws1.tf 7