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HomeMy WebLinkAboutMINUTES - 06091998 - SD2 ....... .......__ . ..... .. _ ... ........... ......... ......... .......__... _....._.... ......... ......... ......... ......... ......... ......... SD.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CAII IFMA Adopted this Order on June 9. 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: APPOINTMENT TO ABAG EXECUTIVE BOARD IT IS BY THE BOARD ORDERED that Supervisors Rogers and DeSaulnier are REAPPOINTED as representatives to the Association of Bay Area Government (ABAG) Executive Board for a term beginning July 1, 1998, and expiring on June 30, 2000; Supervisor Uilkema is REAPPOINTED as an alternate representative for the ABAG Executive Board; and Supervisor Gerber is APPOINTED as an alternate to the ABAG Executive Board to assume Supervior Rogers' seat effective December 20, 1998. I hereby certify that the foregoing is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. i ATTESTED: ; Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By June L. McHuen, Deputy Clerk CC: Supervisor Uilkema Supervisor Gerber Supervisor DeSaulnier Supervisor Rogers County Administrator ASSOCIATION OF BAY AREA GOVERNL NIENTS � Representing City and County Governments cf the San Francisco Bay.fir?,r ABAG May 21, 1998 RECEIVED Jim Rogers, Supervisor Chair,Board of Supervisors MAY 2 2 1998 County of Contra Cosh 100 37`t'St. Rm. 270 CLERK CONTRA C OSTA Richmond,CA 94805 RE: Appointment to ABAG Executive Board Hear Supervisor Rogers: The terms of office of your County's representatives and alternate to ABAG's',Executive Board will end on June 30, 1998. You and Supervisor Mark DeSaulnier are the current representatives, and the alternate is Supervisor Gayle Uilkema. € am contacting you to request that you appoint two representatives and two alternates to ABAG's Executive Board for the net, term beginning; July 1, 1998 and ending June 30,2000. 1 am enclosing a copy of the current raster as well as a copy of the ABAG bylaws. The Executive Board meets six to eight times a year at 7:30 p.m., usually on the third Thursday of the month at the Joseph P. Bort MetroCenter, 101 Eighth Street(at Oak Street) in Oakland. The next meeting is scheduled for Thursday, July 16. A notice of meetings is provided at bast ten days in advance. Executive Board representatives, and alternates substituting for representatives. receive a per diem of$100 for each meeting attended. Please let us know in writing when the appointments have been made to fill the terms that will begin July 1, 1998. Thank you so much for your assistance. If you have any questions, please call me at 510/464-7913. Sincerely, Peggy M. Edgerton Executive Assistant to the Executive Director enclosures - bylaws roster schedule of meetings cc: Jeanne Maglio, Chief Clerk of the Board of Supervisors h\execbrd�ap pointmirep&att.doc t-mg �ti'aia;ngAddress: P.O.Box 2050 Oaktand,Cak'oma94604-,: ^ (5" ^%r. Fax ;, .;ov LGCdiiOn: Joseph P.Bo r'L1et<enter 9i EsChtP SD.2 ASSOCIATION OF BAY AREA GOVERNMENTS ROSTER • MAY 21, 1998 6_9_98 EXECUTIVE BOARD PRESIDENT Supervisor Maty V.King,County of Alameda VICE PRESIDENT Mayor Pro Tern Doris Morse,City of Millbrae IMMEDIATE PAST PRESIDENT Councilmember Charlotte Powers,City of San Jose SECRETARY-TREASURER Eugene Y.Leong LEGAL COUNSEL Kenneth K.Moy COUNTY OF REPRESENTATIVE ALTERNATE ALAIatEtJA ** Supervisor Maty V.King Supervisor Keith Carson Supervisor Scott Haggetry CONTRA COSTA SSupervisor Gail Steele * P n ervisor Mark DeSaulnier Supervisor Gayle Uiikema * Supervisor Jim Rogers Supervisor Gayle Uilkema MARIN «+ Supervisor Harry Moore Supervisor Steve Kinsey NAPA #* Supervisor Mike Rippey Supervisor Kathryn Winter SAN FRANCISCO ** Supervisor Amos Brown Supervisor Leslie Katz *° Supervisor Michael Yaki Supervisor Leland Yee SAN MATEO * Supervisor Mary Griffin Supervisor Michael Nevin * Supervisor Ruben Barrales Supervisor Michael Nem SANTA CLARA °* Supervisor Blanca Alvarado Supervisor Peter McHugh ** Supervisor Joseph Simitian Supervisor Peter McHugh SOLANO * Supervisor William J.Carroll Supervisor Barbara bond•tis SONOMA Supervisor James L.Harberson Supervisor Paul Kelley CITIES IN THE COUNTY OF ALAMEDA * Mayor Roberta Cooper(Hayward) Mayor Ellen Corbett(San Leandro, ° _-Maya.r Mark Green Union Ci Mayor Cathie Brown(Livermore' CONTRA COSTA °* Mayor Pro Tem Gwen Regalia(Walnut Creek) Councilmember Julie Pierce(Clayton'; i° Mayor Jane A.Bartke(El Cerrito) Mayor Terry Segerberg(Hercules` MARIN ° Mayor Carole Dillon-Knutson Novato Councilmember Andr€w Thosnpson:Tiburon, iburon NAPA * Mayor M=y Lou Holt ountville Councilmember Ken Slavens(St. Helena CITY OF SAN * Mayor Willie L.Brown,Jr. Maria Ayerdi,Special Assistant to the Mayor FRANCISCO * Naomi Weinstein,Asst Dir Neighborhood Svcs Michael Colbruno,Dep Dir of Legislative Affairs * Paul Horcher,Director,Solid Waste Mgmt Prograin Brajah Norris,Special Assistant to the Manor . ........ v. .. _ . SAN MATEO ** Mayor Pro Tem Doris Morse(Millbrae) Councilmember Claire L.Mack(San Mario) ** Councilmember Carol L.Klatt(Daly City)' Councilmember Patrick W.Kelly'Hillsborough SANTA CLARA _.__...._ * Councilmember Don Burnett(Cupertino) Councilmember Dena Mossir Palo Alto * Councilmember Stan Kawczynski(Sunnyvale) Councilmember Gillian Moran Sarasoga SOtANO °* Mayor David A.Fleming Vacaville Mayor Don Fnckson 'Dixon' SONOMA «« Councilmember David F.Berto(Santa Rosa) Mayor Pro I etn Katherine Att.st in Sckt:st opal CITY OF OAKLAND * Councilmember John Russo Councilinember Ignacio Dc l.a I ucntc * Councilmember Richard Spees Councilinetnber Ignacio Dc La Fuenic * Councilmember Henry L.Chang,Jr. Councilmember Ignacio De La Fuente ..._ _..... CITY OF SAN JOSE « Councilmember Manny Diaz Councilmember Alice Woodv * Councilmember George Shirakawa,Jr. Vice Mayor Margie Fernatide., • Councilmember Charlotte Powers Councilmember Frank Ftscalin ADVISORY MEMBERS RWQCR Richard Balocco •Term of Appointment:July I,1996-June 30,1948 -Tem, d App,,fmmrnt !ids j. i­-- I."', SD2 6-9-98 1998 ABAG SCHEDULE EXECUTIVE BOARD MEETINGS: January 15 March 19 May 21 July 16 September 17 November 19 Spring General Assembly April 17, Berkeley Marina Marriott Fall General Assembly (tentative date) October 16 Executive Board Meetings are held at Joseph P. Bort MetroCenter Auditorium 101 - 8th Street Oakland, CA 94607 Meetings begin at 7:30 p.m. BYLAWS OF .. SD.2 THE 6-9-98 ASSOCIATION OF BAY AREA GOVERNMENIS rte I9', ARTICLE 1. 'PURPOSE rje Association of Bay Arca Govermne nts ft reinaftar *Association") is heresy created as a separate entity established by agreement atm its members pursuant to ft Joint Exercise of lowers Act, California Crovert code Sections+65W, et seq. oterewafter "Act*). 'The Association is organitzed for;the purposes of esmblishing a permanent forum for discussion and study of regional and subiegional problems of interest and concern to the counties and cities of the Sate Francisco Bay Arca, developing policies and actions, and providing services and undertaking actions addressing such problems. ARTICLE II. DEFDi MON6' A. *Agreement* means the Agreement with the Association of Say Area Governmentsentered into under the Act by tate Association Members. B. *Associanon"net=the Association of<Bay Am Governments as established by the Agreement and these Bylaws. C. *Executive Board" mom the Association's President, Vice President and immediate Fast President and the body of representatives which meet from time to time as provided in time Bylaws to govern the affairs of the Association between meetings of the General Assembly. D. "General Assembly" means the body of the delegates of the Members of the Association as set forth in these Bylaws; E. City,county,or city and county members of the Association may be referred to as 'Members." F. *Delegate* means a delegate of a'Meimber of the Association to the Gem Assembly, or the alternate acting in the delegate's absence. G. *Representative* means a representative to the Executive Board, or the alternate acting in the representative's absence. H. "Regional Plan*>means the comprehensive plan for the San Francisco Say Region adopted and amended from time to time by the Association. I. *Regional Problem* means an=issue concerning the public health, safety or welfare of substantially all of the:Association's Members.a solution to which way require intergovernmental cooperation or assistance of the Association.__ J. *Subregionsl Problem* means an issue concerning the public health, safety or welfare of one or more of the Association's Members,a solution to which may require intergovernmental<cooperation or assistance of the Association. ARAG Bylaws-April 19, 1996 SD.2 6-9-98, ARTICLE W. �B�tSffiP A. MEMERS (1) The counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solan, and Sonoma,the City and County of San Francisco, and within the area of such counties all cities and incorporated towns(hereinafter referred to as "cities")now existing or formed in the future are eligible for membership in the . Association. (2) All eligible cities ;and counties become Members of the Association upon execution of the Agreement;and payment of the mans'assessment and annual membership fee. B. COOPERATING NU MBERS (1) Subject to the approval of the Executive Board or the Executive Director as set forth in Article III.B(4), any governmental entity, public agency, or non-profit organization not eligible for membership under Article IIIA of theme Bylaws may elect to juin the Association as a Cooperating Member. (2) Cooperating Members shall be entitled to attend all meetings of the General Assembly and of the Executive Board, but shall not be entitled to vote or participate in debate. No Cooperating Member shall be considered a "contracting party" as that term is used in the Act. (3) Cooperating Members shall be entitled to receive data, studies, planning +documents, special services, and other written materials and services of the Association subject to policies adopted by the Executive Board. (4) (a) The ;Executive Director of the ;Association may approve the admission of any governmental entity or public agency electing to join the Association as a Cooperating Member pursuant to this Article W.B. (b) The Executive Board of the Association may approve the admission of any neon-profit organization electing to join the Association as a Cooperating Member pursuant to this Article III.B. ARTICLE IV. POWERS A. GENERAL The Association may exercisein its own name the following powers when the exercise of these powers is necessary to, in furtherance of, or in support of the Association, the exercise of any other powers provided for in these Bylaws or the Agreement, or any other authorized activity undertaken by the Association: make and cuter into contracts, memoranda of understanding, and other agreements;employ and appoint employees and agents; acquire, hold, protect, dispose of, construct,'operate, and maintain real<and personal Rorty incur debts, liabilities, obligations, and encumber or hypothecate real or personal property; sue and be sued; and,'accept grants, gifts,donations, and other monies. B. INFORMATION GATIIIMING The Association may request, collect., store, correlate, transfer, and otherwise manage information and data in any manner necessary to, in furtherance of, or in support of the exercise of any other power under this Article or any other authorized activity undertaken by the'Association. -2- ABAG Bylaws-April 19, 1996 SD.2 6-9.98 C. STUDIES The Association may perform studies to Wen*andlor analyze regional or subregional probl ,We purpose and subject Matter of such studies to be determined as provided is these Bylaws. D. REGAONAL 1PLANN1NG The Association shall have the power to perform regional or subrcgional pig without limitatim as to subject matter. (1) that it is eligible or authorized to do;or, ; (2) that it is rehired to do under State or Federal authority;or, (3) that is authorized under oilier provisions of these Bylaws or;as a result of the Association's studies of regional or subregional problems. E. POUCI'ES AND ACTIONS (1) The,Association may develop and adopt policies and/or actions (2) The Association may advocate and otherwise act to advance its positions, studies, plans, and policies both within and outside the region and may accept delegations of authority from Federal. Stacie, regional, or IoW bodies to this end. F. INTERAGENCY COOPERATION (1) The Association may appoint representatives, in its own time, to 'other dies, Boards, commissions, or official bodies to which it is required or eligible to madke app6intMOM. (2) The Association may perforin and participate in governmental coordirat on and respond to efforts at such coordination. (3) In the exercise of its powers under Article IV.F(I) and (2), the Association may request or transmit information or studies; exercise any voting or veto power given to it; participate in grant applications., administration; and disbursements; and, do any other acts necessary to or in support of the exercise of such powers. G. ROORMATION,SERVICES, AND AS WANCT (1) Th:e Association may provide information, assistance, services, studies, plans, recommendations, and reports or such other information. assistance,and services requested by specific Members or nownembers. Information, services, and assistance may include, without limitation. preparing or making of grant applications on behalf of or in conjunction, with Members, training programs for local goveramem staff, technical assistance on particular proje u,; or review of particular pests. The Association may provide information, assistance and services to conjunction with other entities and may organize andtor participate to committees, task farces. and subsidiary entities necessary to or in support of this or its other powers. (2) The Association may charge reasonable fees for information, services, and assistance that it provides. ,3_ ABAG Bylaws-April 19, 19% SD.2 6-9-98, H. POWER TO FINANCE PROPERTY FOR Ml81NSMBERS. The Association shall have the power to fi ce and acquire,by lease purchase, installment We or other financing agreements, both real and personalproperty necessary or convenient for the operation of the .Members and Cooperating Members, and to sell or lease such property to such members pursuant to installment We or lease purchase agreements between the Association and the members acquiring such property. I. SELF-INSURANCE POOLS Pursuant to Government Code Sections 989-991.2 and Labor Code Section 3700, as may be amended from time to time, ABAG shall have the power to provide insurance for some or all of its Members through self- insurance or the purchase of insurance, excess insurance or reinsurance against public liability, errors and omissions, inverse condemnation or workers' compensation; and, further, shall have such other reasonable and necessary powers, which are necessary or convenient to further,support or implement the self insurance program, including without limitation, financing self-insurance reserve funds through the issuance> of certificates of participation,or other instruments of indebtedness. J. OTFIER POWERS The Association may exercise other>reasonable and necessary powers in furtherance or support of any purpose of the Association or power granted by the Act, the Agreement, or the General Assembly or the 'Executive Board as provided fbr in these Bylaws. ARTICLE V. RESTRICTIONS ON POWERS Pursuant to Articles I and 5 of the Agreement and to the extent required by Government Code Section 6509, the Association shall be restricted in the exercise of its pta'wers in the same manner as the City orad County of San Francisco is restricted in its exercise of similar powers, provided that, if the City and County of San Francisco shall cease to be a Member of the'Association, then the Association shall be restricted in the exercise of its powers in the same manner as the County of Alameda. ARTICLE VI. GENERAL ASSEl4IBLY A. MEMBERSHIP (I) Each Member city and Member county shall have one seat in the General Assembly. San Francisco shall be counted as both a city and a county for purposes of membership in the Geral Assembly. (2) The mayor or member of the governing body of each Member'city and the chairperson of the board of supervisors or member of the governing body of each Member county, or their respective alternates, shall be delegates to the General Assembly. (3) Each city council and board of supervisors may designate an alternate who shall be a member of such body and who may act in the delegate's absence; provided that, the mayor of the City and County of Sate Francisco may designate as an alternate any officer of the City,and County of San Francisco who may be either an elected or principal appointed official of the City and County of San Francisco. B. MEETINGS (i) The annual meeting of the General Assembly shall be held prior to May I- The time, date, and location of the annual meeting of the General Assembly shall be determined by the Executive Board. -4- ABAG Bylaws-April 19, 19% SD.2 6-9-98 (2) Notice of the annual meeting of the General Assembly shall be given to the delegates of P- ,h Member city and Member county at least thirty(30) days prior to the meeting. An agenda for the nmeed*U41 accompany the notice. (3) Special meetings of the Gene sal Assembly may be called by the Executive Board upon its own motion. A special meeting shall be Called by the Executive goad upon written request.of fifteen (15) Member cities and three(3)Member (4) Ten-dad+ written mice of special meetings shad be given to.thedelegates of each Member city and Member county. An agenda specifying the subject of a special meeting shall accompany the notice. C. PfaVVIRS AND FtTNCTICom The powers and functions of the General Assembly shall include: (I) Exercising as appropriate all of the powers of the Association as set forth in these;Bylaws or the Agreement. The General Assembly shall have the power to limit the Executive Board's exercise of any power or authority set aside to the Executive Board under these;Bylaws. (2) Any'delegate may at any Ming of the General Assembly propose a subject or subjects for study by the Association. ',Clic General Assembly may take action upon such proposals and, if requested by any delegate,determine whether a study will be made of the subject or subjects so proposed or may refer such subject or subjects to the Executive Board. (3) Any delegate may at any meeting of the General Assembly request review by the General Assembly of any action of the Executive Board which has been taken between meetings of the General Assembly. (4) The budgetary duties and responsibilities sett forth in Article XI. ARIA C .E VIL EXBG"UT X BOARD A. EXECtTI`w BOARD Them shall be an Executive Board of the Association which shall be organized and shall be responsible for functions as hereinafter set form: (1) Yotin¢ Me The voting membership of the Executive; Board shall consist of a maximum of 38 voting members (representatives and ex officio members). The representative shall be either a' councilmembet of a Members city or a supervisor of a Member cleanly of the Association,. or be eligible to be Executive Board red esentative or alternate representative from.the City and County of Saw Francisco under Article VIII.A.(l)(e). if that jurisdiction is an Association member. Representatives to the Executive Board shall be:selected as follows: (a) Alameda Ccsuarv. Two representatives of the qty to be appointed by the Board of Supervisors; two representatives of Member cities within the county to be appointed by the mayors of Member crines meeting to conference, and three representatives to be appointed by the City Council of the City of OaMand. (b) Contra Cgo Couniv. Two mpre sentatives of the county to be anointed by the Board of Supervisors, two itpresentatives of Member cities with w the county to be appointed by the mayors of Member cities meeting in conference. (c) mida One representative of the county to be appointed by the'Board;of Supervisors; and one representative of Member cities within the qty to be appointed by the mayors of Member cities meeting in conference. =5- ABAG Bylaws-April 19, l SD.2 fi-9-99, (d) NM CAM. one representative of the county to be acted by tete Board of Supervisors; and one representative of Member cities within the county to be appointed by the mayors of Member cities meeting to conference. (e) Sag Pratj;=!QiV Nd CAM. The Mayor and one other elective officer or member of the Mayor's staff of the City and County appointed by the Mayor; two representatives of the City and County appointed by the Board of Supervisors, and a fifth representative to be appointed alternately by the Mayor and the Board of Supervisors, with two-year appointments begbining in years evenly divisbie by four to be made by the Mayor and with two-year appointments made in even-nwnbered yew not evenl}r divisible by four to be remade by the Board of Supervisors. When such fi#th representative is selected by the Mayor, the representative may be an elective or appointive officer or member of the Mayor's staff of the City and County. (f) ,Sparc Mateo County.;Two representatives of the county to be appointed by the Board of Supervisors, two representatives of Member cities within the county to be appointed by the mayors of Member cities meeting in conference. (g) Ua cim Two representatives of the county to be appointed by the Board of Supervisors; two representatives of Member cities within the county to be appointed by the mayors of Member cities meeting in conference,and three representatives to be appoi ted by the City Council of the City of San Jose. (h) Sol= COM. one representative of the'county to be appointed by the .Board of Supervisors; and one representative of Member cities within the county to be appointed by the mayors of Member cities meeting in conference. (i) Sonoma Counrv, One representative of the county to be appointed by the Board of Supervisors, and one representative of Member cities within the county to be appointed by the mayors of Member cities meeting in conference. E1) pM&*lam Vice ftw4=Od lWpL4Lts t'+W Em dente. The President, Vice President and Immediate Past President of the Association shalt be ex-officio voting members of the Execrative Board, but shall not be representatives or alternates. (k) gt ! Each of the appointing bodies named in Article VH.A(l)(s)-(i) may designate an alternate for each of their representatives to act in the representative`s absence. Appointments of alternates shall be made in the same manner, with the same qualifications and for the some term as representatives. (2) Alvis v M mbershio< The Association shall maintain effective communication and coordination with agencies of the State of California and the United States of America. To that end.the Executive Board shall invite, following nomination by the Association's President, such representatives of state and federal governments as it deems appropriate and desirable as advisory, non-voting members of the Executive Board. Such members shall serve at the pleasure of the Executive Board. No advisory member shall be considered a *contracting party" as that term is used in the Act. (3 Of Urfice. Representatives shall> serve for terms of two years. Appointments of representatives to the Executive Board shall become effective biennially on July I (4) The terms of the representatives to the Executive Board shall be staggered so that the terms of approximately one-half of the representatives expire each year. The terms of the representatives of the cities in the counties of Alameda. Marin, Napa, San Francisco (mayor and representative), and Santa Clara, and the representatives of the counties;of Contra Costa,Sat:Mateo,'Sulam.and Sonoma shall expire in the even-numbered gears; the terms of the representatives of the cities in the counties Of Contra Costa, San. Mateo, =6- ABAG Bylaws-April 19, 1996 SDI 6-9-98 Solaro, and Sonoma, and the representatives of the counties of Alameda, Marr, Napa, San Fr i eco (representatives of the Board of Supervisors), and Saga Clara shall expire an the odd-mmbered years, The President and the Vice president of the Association shall be Chairperson and Vice Chairperson.respectively,of the Executive Board;: (6) Pstim- (a) The Executive Board shall have the budgetary duties and responsibilities set Barth in Article XI, (b) The Executive Berard shall submit a full report of its activities at the General Assembly's annual meeting. (c) The Executive Board shall have tate authority to appoint. fix the salary of, and remove an Executive Director of the Associatim ad shall have the authority to creast and discontinue positions in the office of the Executive'Director and fix salaries. (d) Subject to any constraint or limitation imposed by the General Assembly, the;Executive Beard shall exercise all powers of the Association between meetings of the Geral Assembly; provided that,the Executive Board shall not amend ase Bylaws.nor shall it exercise the bttdptar+y powers<teserved to the General Assembly under"cle XI of the these Bylaws. (e) The Executive Board shall be responsible for carrying out policy decisions made by the General Assembly. (f) Recommendations from committees for policy actions shall be made to the Executive Board.. Unless otherwise directed by the General Assembly, the Executive Board may take action on such recommendations. (7) Each voting>'member of the Executive Board, ;or of a standivg and/or ,joint committee, and where expressly designated by the Executive' Board, individuals pa=ipafft in special committees, task forces or other meetings, shall receive a per diem of$lip for each meeting attended. The per diem shall be paid for a maximum of forty-eight (48) meetings per year. Per therm may also be received by a Board or committee member representing the Association before an agency or body of the 'State or Federal goverment. B. Mltk"iINGS The Executive to shall meet at least four times each year. Additional`<meetings shall'be held upon the call of the Chairperson or upon the call of five voting members of the Executive:Berard. C. ADMIMS "RATIVE Ct3hOdI'I`M There shall be an Administrative Committee of the Executive Board of the Association whose composition shall be determined by the Executive Board mid which snail, subject to any constraint or limitation unposed by tate Executive Beard or the General :Assembly, exercise all powers of the Executive Board between meetings of the Executive Board;provided that, the Administrative committee shall not- (1) Ame d the Agreemew or Bylaws; (2) Exercise the budgetary duties of the Executive Board set forth in Article XII; (3) Appoint,fix the salary of, or remove an Executive Director of the Association; -7- ABAG Bylaws-:April 19, 19% SD.2 6-9-98, (4) Exmrise the powers of appointment of officers as set forth in Article IX, The Administrative Committee shall Meet Upon the, call of the President or Vice President and in compliance with the Ralph M.Brown Act. Further, the Administrative Committee shall submit a full report of its activities to the Executive Board at the first meeting immediately following the Administrative Committee Meting. ARTICLE VIII.v(3'T74G A. voting in the General Assembly shall be conducted in the fallowing manner: (1) A'quorum of the General Assembly shalt consist of a majority of the city<delegates and a majority of the county delegates. (2) Each mmty delegate and each city delegate shall have one vote. votes shall be tabulated separately for county delegates and for city delegates, The affirmative votes of a majority of a quorum of county delegates and of a majority of a quorum of city delegates arc required for action by the General Assembly,except as provided for in Article XIV.. B. voting in General Assembly`iricetings may be either by voice or roll call vote. A roll call vote shall be conducted upon the demand of five delegates present,or at the discretion of the presiding officer. C. Voting in the Executive Berard shall be conducted in the following manner: (1) A majority of the voting members of the Executive Board shall constitute a quorum. (2) The affirmative vexes of a majority of the quorum arc required for action by the Executive Board with the exceptions set out below. (3) In order to recommend the annual budget to the General Assembly, the affirmative vote of not less-than a majority of the vesting members of the Executive Board is required. (4) In order to<appoint or remove the: Executive Director, the affirmative vote of not less than a majority of the voting members of the Executive Berard is required. D. Except as the Executive Board may otherwise provide, all other committees of the Association may act town the affirmative vote of a majority of the committee members present. ARTICLE EK.OFFICERS,ELECTIONS AND VACANCIES' A. Officers of the Association shall be: (1) The president,who shall serve as Chairperson of the Executive Board and General Assembly. (2) The vice President, who shall serve as Vice chairperson of the Executive Board and General Assembly. (3) The Immediate Past President. (4) An Executive Director and a Legal Counsel to be appointed by and serve at the pleasure of the Executive Board. -8- ABA.G Bylaws-April' 19, 1996 SD.2 6-9-98 B. The President and Vine President of the Association shall be elected biennially by secret,.b4Wt of supervisors, mayors and city c meilmembers of member jurisdictions. Nominations for the offices cd,Ae president and Vice President shall be by petition of at least fifteen(15) mayors,councilmembers or supeivfsats. plurafity vote sly be mquired for election to any;ollice. All otter election procedures shall be determined by the Exec utive Board, provided that these procedures shall be disseminated to all member jurisdictions at least thirty (30) days prior to the tuft determined and designated for counter of secret ballots. U at the close of nominations, only one candidate is nominated for President or for Vice President, the election procedures may waive the ballot requirement and provide, instead,that the nominee be declared elected to,that office. C. The President and Vince -President shall be either.a councilmember of a Member city or a supervisor of a Member county of the Association, or a General Assembly delegate or alternate or Exectztive BOW representative or alternate representative from the City and County of San Francisco if that jurisdiction is an Association member. D. The terms of office of the President and Vice President shall be determined as follows: (1) Except as otherwise provided in this section, the tam of office of the President, Vice President and Immediate Past President-is two(2)years. (2) If the President vacates blether Office as required by Article IX.C,or any other<reason, the Vice President shall assume the office of President for the balatnce of the original term. If the,balance of the original term is less than five>hundr+e€1.forty-eight (:5411)calendar days, then the new President may choose to run for an additional one (1) year terns as Preset. The new President shall notify the Euctiuve Board no later than September 1 of the year in which the original terns ands whether he/she shall run for ate additional one (1)year term. The President's election to rim for an additional one(1)year term shall also modify the Merin of office of the Vice President to conform to that of the office of the Pr+esidemt (3) Article IX.B. shalt govern the special elections for one:(1)year terms in all other respects. (4) In .he event that the President is disabled or for any other room temporarily unable to act, the Vice President shall act in place and perform the duties of President until return or recovery from disability. (5) In the event of a vacancy in the ofd of Vice President due to the Vice President's permanently serving as President, vacating the office as required by Article IX.C., or for any other reason, the Executive Board shall fill the office of Vice President by appointment for the unexpired portion of the Vice 'President's term. in the event of a simultaneous vacancy in the offices of President and Vice President due to their vacating the respective offices as required by Article<IX.C_,or any other reason,the Exeeutire Board shall fill bath offices by appointment for the unexpired portion of the respective terms. In either event, the procedures of Article IX.I shall govern the process of filling said vacant office.' E. A newly elected President and Vice President shall take office on January l of the year following certification of the election results. F. The President, subject to the advice and consent of the Executive Board, shall appoint committees and determine the committees' structure, charge, size ad membership. Committees may be established to consider any matter within the jurisdiction of the Association. Committees shall operate according to the policies adopted by the Executive Board, and shall submit their reports and recommendations to the Executive Board. Committees shall meet on the call of their chairperserns, who shall be(1)an elected<official or the elective or;appointive officer of the City and County of San Francisco appointed by the Mayor of the City and County of San Francisco to the Executive Board or General Assembly,and(2)a member of such commit m'and who shall be elected by the members of each.committee. At the initial<meeting of each committee, and annually thereafter at the first committee meeting following January 1 of each year, the committees shall elect their chairpersons and such other officers as may be specified. Committee chairpersons shall be subject to confirriation -9- "AG Bylm-April 19, 19% SD.2 6-9--9$, by the Executive Board. Unless otheravise authorized by the Executive Board,committees of the Association shall be advisory. G Each delegate or alternate to the General Assembly and each representative or alternate to the Executive Board shall cease to be such unmediate4y upon ceasing to hold the elective or:appointive office which is required of a<delegate or representative or their alternates under VLA or VII.A(I). H. In tea event that any *legate or alternate to the General Assembly or any<representative or alternate to the Executive Board shall for arty reason cease to hold the elective or appointive office which is required of a delegate or representative or their alternates under Article VI,A or VII.A(1), the vacancy created thereby shall be filled for the unexpired term, in the same manner and with the same qualifications as the original appointment. I. The Executive Board shall fill the office of Vice President or President pursuant to Article IX.D., at the fust meeting of the Executive>Board>held after the occurrence of the event which causes the offices) to be vacated. The meeting shall be chaired by the President, or if said office is vacant, by the Immediate Past President. Nominations for the vacant office(s)may be made from the<floor. All nominations require a second. The office(s) may be filled only if a nominee receives a Majority vote of the members of the Executive Board constituting the quorum for that meeting. If no nominee receives a majority vote on the first ballot, the two nominees receiving the highest number of votes shall be voted upon again until am of them receives<a majority vote. If the selection process results in a tie, or no, nominee receives a majority vote after three rounds!of balloting, the acting Chairperson of the Executive Board may, at his or her+d retion, deckle the matter by lot between the two nominees then remaining. ARTICLE X.EXECUTIVE DIRECTOR The Executive .Director shall be the Chief Administrative Officer of the Association. The powers and duties of the Executive Director are: A. To appoint and remove all employees of the Association. B. To perform the budgetary duties and responsibilities of the Executive Director as set forth in Article XI. C. To serve as<Secretary Treasurer of the Association and of the Executive Board. D. To perform such tether and additional dudes as the Executive Board may require. ARTICLE XI.FINANCES A. FISCAL YEAR The fiscal year of the Association shall commence on July i. B. BUDGET (l) At least forty-five(45)days prior to the annual meeting of the General Assembly the Executive Director shall<submit to the;Executive Board., for the next fiscal year of the Association, a proposed general budget and summary work Program. The proposed general budget shall include annual Members* fee and assessment schedules and a summary of revenue and enwiditures, actual or projected, for the Preceding,torrent, and next fiscal years. ABAG Bylaws-April 19, 19% A SD.2 6-9-98 (2) The Executive Board shall reviewthe proposed general'"budget and summary work p amend them as necessary, and submit them to the General ,Assembly for review and adoption at then meeting of the'Assembly. (3) The General Assembly shad adopt a summary work plan and general budget, including yearly membership assessment and annual membership fee. (4) The Executive Board shall adopt a detailed budget and work program on or before July i of each year, and thereafter monitor'their execution and amend,abeam as necessary. The work program shall give effect to any priorities set for*in the general budget and summary work program,unless f anancialty infeasiblt. (5) The,Executivt Director shall manage all expenditures, subject to control of the Executive ve Board. The Executive Board shall'have power to transfer finds wibu the total detailed budget to meet unanticipated needs or changed situations. Such action shall be reported to the General Assembly at its next meeting. C. YFARLY 1 MERSKEP ASSESSNEll'I` The amount of each Member's assessment shall be determined in accordance with ft formula set out in Paragraph D following. Any Member city or county whose annual assessment and<anmiat;membership fee has rot been paid by the time of the annual meeting of the General Amiably shall not be entitled to vote at such meeting. D. htE`f'IIt3D OF ASSFSSUMNT T3as annual assessment for members of the Association shall be based upon population as determined by the Mate Controller in making alae most recent allocations to cxoundes, and cities pursuantto California Revenue- and eventueand Taxation Code Section 11005, except that, beginning<in 1+.187-88, in the case of newly incorporated cif es, until such time as an official census is conducted and population is established therewith, the population as estimated by the Executive Director shall be used for assessment purposes. (1) The General Assembly shall adopt a per capita rate or rates of giant for each fiscal year. (2) For purposes of assessment San Francisco shall be considered as both a aity"and a county. E. ANNUAL AUD f The Executive Board shall cause an annual audit of tbt fiwwial.affairs of the Association to be made by a certified public accountant at the end of each fiscal year. The Executive Board shall employ a certified public accountant of its choosing. The audit report shall be made available to Association member counties and cities. F. ANNUAL M E14 ERSEV FEE The membership fee shall be uniform for all members of the Association and shall not be less than $10.00 per month or$120.00 per year. G. HATE OF PAYMM4T Unless a Member has withdrawn as provided in Article X111 of these Bylaws, the Member's annual assessment and annual membership fee shall be due and payable to the Association on July 1 of the feral year for which it is levied. ABAG Bylaws-April 19,, 1996 xD.(2} t 6'^7(ry"90•... ARTICLE XII. STATU',tORY AVTOORITY The Association is an agency established by a joint powers agreement among the Members pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the State of CalikwWa. The Association is an entity separate and apart from its Members. The debts, liabilities and obligations of the Association shall not be debts, liabilities or obligations of the Association's Members. ARTICLE XIII.WITHDRAWAL Any member county or city may, at any time up>to 30 days,prior to the beginning of the Association's fiscal year, withdraw from the Association effective the next firAd year;provided that the intent to withdraw must be stated in the form of a resolution executed by-the legislative body of the jurisdiction wishing to withdraw. The resolution must be given to the Executive Director at least 30 days prior to the effective date of the withdrawal. ARTICLE XIV. AMIEN,©MEN'I'S Amendments to these Bylaws may be proposed by>a delegate or by the Executive Board. If proposed by a delegate,the amendment shall be submitted to the Executive Board at least 45 days prior to an annual meeting of the General Assembly. Each proposed amendment shall be considered by the; Executive Board and a copy thereof, with the recommendations of the Executive Board and its reasons therefor, forwarded to the delegate of each Member jurisdiction at least 30 days prior to the meeting at which such pressed amendment will be voted upon- A majority vote of the county delegates present and a majority vote of the city delegates present are required to adopt an amendment to these Bylaws. If within 60 clays after the adoption of any amendment, one- third or more of the delegates pretest such amendment, it shall automatically be up for reconsideration and vote as in the first instance. ARTICLE XV. E "FEC"I'M DATE. These Bylaws shall go into effect immediately upon the'effective date of the Agreement. -12- ABAG Bylaws-April 19, 1996