HomeMy WebLinkAboutMINUTES - 12162003 - C86 TO: BOARD OF SUPERVISORS Contra
FROM: INTERNAL OPERATIONS COMMITTEE Costa
DATE: NOVEMBER 3 2003 o u n t
iiw//3
SUBJECT: MOBILE HOME ADVISORY COMMITTEE COMPOSITION AND MISSION
SPECIF=IC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIQNS:
1. APPROVE revised by-laws of the Mobile Home Advisory Committee (MHAC) clarifying
its mission and powers.
2. RESET the terms of the MHAC seats in order that they be staggered to promote
availability of a quorum for all meetings:
mat Current Term Praoosed Term Action
District I Owner 12131/06 12/31/06 No change
District I Tenant 12/31/07 12131/06 Change
District It Owner 12/31107 12/31/06 Change
District It Tenant 12/31/07 12131106 Change
District III Owner N/A 12131/07 Fix
District III Tenant NIA 12/31/07 Fix
District IV Owner 12/31/07 12/31/07 No change
District IV Tenant 12/31/07 12/31/07 No change
District V Owner 12/31/06 12/31107 Change
District V Tenant 12/31/04 12/31/07 Change
At Large#1 12/31/07 12/31/06 Change
At Large#2 12/31/07 12/31106 Change
At Large#3 N/A 12/31/07 Fix
3. DIRECT MHAC staff to assemble a list of community resources for conflict resolution
that the MHAC can provide to interested parties to a mobile home park dispute who
wish to pursue an alternate resolution process prior to filing court action.
E
CONTINUED ON ATTACHMENT: YES SIGNATURE: s �'
__...__,._._...........
_
RECOMMENDATION OF COUNTY ADMINISTRATOR PROVE OTHER _ COMMEN 7 NOF BOARD COMMITTEE
G LE B. U MA, Chair FEDERAL D. GLOVER
ACTION OF BOARD ON APPROVE AS RECOMMENDED X OTHER»�
VOCE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT NW.e ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES. SHOWN.
ABSENT: ABSTAIN:
ATTESTED: DECEMBER#6,2003
CONTACT: JULIE ENEA (925)33591077 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: INTERNAL OPERATIONS COMMITTEE STAFF
DEBBIE GORMAN,MHAC STAFF
COUNTY COUNSEL s
CLERK OF THE BOARD(MADDY BOOK) Bq ' DEPUTY
Mobile Home Advisory Committee Composition and Mission November 3, 2003
Internal Operations Committee Page 2
BACKGROUND:
On July 7, the Mobile Home Advisory Committee (MHAC) staff requested the IOC to clarify
the MHAC's mission with regard to its investigative and conflict resolution powers. The ICAC
requested the MHAC to discuss the issue as a group and forward its recommendations to
the IOC, and also requested an opinion from the County Counsel on the MHAC's
investigative and conflict resolution powers. On July 15, the Board of Supervisors directed
the IOC to continue to work with the MHAC to update and clarify its by-laws, and to resolve
structural and operating issues identified by the MHAC.
In follow-up to the July 7 IOC directive, the Mobile Home Advisory Committee (MHAC), on
November 3, submitted proposed changes to its by-laws for consideration by the IGC. In
addition, the County Counsel opined that the MHAC's investigative and conflict resolution
powers are quite limited in that the consent of all parties to a conflict must be obtained
before the MHAC can enter property or bind the parties to any decision.
In consideration of Counsel's advice, our Committee recommends that the MHAC assist in
conflict resolution as it can and serve as a resource for outside mediation services. To that
end, we recommend that the MHAC assemble a list of community resources for conflict
resolution that the MHAC can provide to interested parties to a mobile home park dispute
who wish to pursue an alternate resolution process prior to filing court action.
In addition, we recommend that the Board approved the attached revisions to the MHAC
mission and by-laws.
OPERATING RULES OF
CONTRA COSTA COUNTY REVISED 11-3-03
MOBILE HOME ADVISORY COMMITTEE
SECTION 1. GENERAL PROVISIONS
Name: Mobile Home Advisory Committee
Number of Members: 13 (APPROVED BY IOC 717103)
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 is 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:
(APPROVED BY IOC 717103 AND 1113103)
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 investigate discuss problems of park maintenance and work with
residents, park owners, and County staff to resolve identified problems.
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SECTION 4. MEMBERSHIP
4.1 This Committee has the number of members set forth in Section 1 (13).
4.2 The Board of Supervisors shall appoint Committee members' as follows:
➢ Five Members, one from each Supervisorial District, shall represent the
mobile home park owners and managers.
➢ Five Members, one from each Supervisorial District, shall represent the
homeowners/residents.
➢ Three At-Large Members who are to be neither mobile home park
residents or mobile home park owners/managers and shall represent the
public at large , as an impartial member, a neutral party to balance the
Committee.
4.2A Definition of At-Large Position: A member representing the public-at4afge-
and
who is to be neither a mobile home park ownerimanager='tenant, or
resident (APPROVED BY IOC 11/3/03).
4.213 Alternate Position: In the event a Supervisorial District is unable to fill a
vacant mobile homeowner or a vacant park owner/manager position, the
Supervisorial District has the option to advertise the vacant position as an
Alternate Position. The of mobile hemeewnw and par
st-1�1e
fil
l
by a park awner4manaqeF _es in an :visofial
An Alternate
member can be from any district. but must be a County resident
(APPROVED BY IOC 11/3/03
4.2C Definition of County Staff Position: As a non-member of the Committee,
staffs role is to send out and post agendas, and-attend Committee
meetings serve as an advisor to the Committee on County policies and
procedures, esp9gially these pertaining to adviso bodies and track and
maintain the Committee roster of members including the preparation of
Board Orders to declare vacancies APPROVED BY IOC11/3/03).
4.3 The Board of Supervisors shall appoint the members for each district in
accordance with Board policy,
representing4hose groups . te 1h 4 2 above as recommended by the
District Supervisor(APPROVED BY IOC 1113/03).
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4.4 The terms of membership shall be as follows:(APPROVED BY ICAC 1113!03). i
The term of each member shall be four years _ inning_January 1. #-rend tete
of . Terms shall be
staggered in such a manner that seven (7) members are appointed in the even
odd numbered years and the remaining six(6) members are appointed in odd
even numbered years. Alternates shall be appointed as needed.
4.5 during the term of office each member, including park owner representatives,
shall reside or work in the County.
4.6 Members shallserve at the pleasure of the Board of Supervisors.
4.7 Members shall serve without compensation, except that the Board of Supervisors
may provide for reimbursement of actual and necessary related expenses.
4.8 Members can be reappointed.
4.9 A special appointment can be made by the Board of Supervisors if a member
resigns.
4.10 New applicants for Committee positions are encouraged to attend two to three
meetings prior to an appointment to a position. The ".4--b-ile Home Advisory
CeWnittee shall int- iGants to the Committee- and make
rintment to
the . The Mobile Home Adviso Committee shall interview @Rplicants
for at-large positions and make recommendations to the IOC. District
Supervisors shall interview agglicants for their individual seats and make
recommendations to the BOO APPROVED BY IOC 1113/03).
SECTION 5. CONFLICT OF INTEREST (APPROVED BY IOC 717103
5.1 General Beard Policy. Pursuant to Resolution No. 821574, the Board of Supervisors
has adopted a policy for Board appointees concerning conflicts of interest.
Resolution No. 821574 applies to this Committee and requires as follows-
5.1 A
ollows-5.1A Statues 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 §816000 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 §81002 [b].)
:dg(C:`LX1 UU ME-113"enea\L.00ALS-1;Temp,\C.Lotus,Notes.Data\Bylaws, )(rev.11!3103) _Page 3- l
c) Public officials should 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 any appearance of conflict of interest.
(See, e.g., Kimura v. Roberts (1979] 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.
SECTION 6. OFFICERS
6.1 The elected officers of this Committee shall be Chairperson, aVice-Chairperson
and a Secretary.
6.2 Election of officers shall be held at the January meeting, or as soon as a quorum i
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 and shall serve until replaced.
6.4 The Chairperson shall rotate each year between homeowner/resident,
management, and member at large. Alternates who represent either
homeowners/residents or management are eligible.
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 of Supervisors.
SECTION 7. MEETINGS
7.1 This Committee shall 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 Cade Section 54950 ff).
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_Page 4- I
7.5 A quorum shall consist of seven (7) of the appointed members. One of those
voting shall be a duly elected officer. (APPROVED BY IOC 7/7103 to become
effective once District III seats are filled)
7.B Each member shall have one vote and the majority of members shall determine
the passage of--ag4ssue-any recommendation to the Board of Supervisors.
(APPROVED BY IOC 717103 AND 1113/03)
7.7 Summary minutes of each meeting shall be kept.
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. (APPROVED BY
IOC 7/7103)
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.
:dg(�:`€70CI ME lljeneaU C1CA3 S 11Temp\C.Latu3.Nrfes_I7a#a;Bylaws.da )(rev.11/3/03) -page 5- l
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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.
SECTION 10. AMENDMENTS:
These rules may 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 of the Committee for discussion and
recommendation to the Internal Operations Committee. (APPROVED BY IOC
717/03 AND 1113103)
10.3 The amendment to these by-laws, except as noted in 910.4 below, shall become
effective immediately upon a majority vote of members and after approval from
the Internal Operations Committee and Board of Supervisors. (APPROVED BY
IOC 7/7/03 AND 1113/03)
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
798.5. 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. (Enacted by Ch. 1031 (1978), eff. 1/7/79)
798.9. DEFINITION OF HOMEOWNER
"Homeowner" is a person who has a tenancy in a mobile home park under a
rental agreement. (Amended by Ch. 1397 (1982), eff. 1/1/83)
798.10. DEFINITION OF RESIDENT
"Resident" is a homeowner or other person who lawfully occupies a mobile
home. (Amendedby Ch. 1397 (1982), eff. 1/1/83)
:dg(C;l_UOCLE�I`.Zeneali3Ot',AI,S I Temg'•C.Lotus.?vatss.Dataii3viaws do )(rev.1113f03) -Page_ l