Draft McKMAC rules and regs

Here are the draft McKMAC rules. See previous blog posting for the article explaining what this is.

Rules, Regulations and Procedures for Establishment and Operation of

the McKinleyville Municipal Advisory Committee (MMAC)

 

1) Territorial Jurisdiction

 

All lands within the boundaries of the McKinleyville Community Planning Area shown in Figure 1 of the 2002 McKinleyville Community Plan.

 

2) Responsibilities of the MMAC

 

In accordance with the 2002 McKinleyville Community Plan, 1730, the Board of Supervisors shall appoint a Municipal Advisory Committee (MAC) to advise the

Board of Supervisors on local McKinleyville community issues.

 

The McKinleyville Municipal Advisory Committee (MMAC) is tasked with gathering input from the community and commenting on matters of concern which relate to County services provided to McKinleyville including but not limited to public works, health, safety, welfare and public financing. The MMAC is not intended to address countywide topics.

 

A secondary responsibility of the MMAC is to review, comment and provide advisory recommendations to the Planning Commission and the Board of Supervisors on proposed zoning amendments, and General Plan petitions and amendments located within the McKinleyville Planning Area related to conformance with the McKinleyville Community Plan. The MMAC will also discuss and provide input on long-range planning issues.

 

The MMAC would not review, comment or provide advisory recommendations on subdivisions, conditional use permits, special permits, coastal development permits or variances unless they are part of a larger project which also includes a General plan Amendment or Zone Reclassification.  The MMAC will make recommendations on proposed zoning, General Plan petitions and amendments, but is not a decision–making body. The MMAC will not have authority to make, set, provide interpretation of or enforce county ordinances, policies or laws.

 

Input received from the community is not limited to comments received at a MMAC meeting.  Community input to the MMAC can be received via letter, or email. Community members may also provide direct input to the Planning Commission and Board of Supervisors by attending meetings held by those bodies. The MMAC should encourage and inform the public when there are other opportunities to provide input. Agencies referring items to the MMAC are encouraged to adopt standards for making referrals to ensure continuity and consistency of items being forwarded.

 

The MMAC meetings will also provide an opportunity for County, and non-county agency staff to provide the McKinleyville community with information or updates

 

Requests to County Departments

 

The MMAC may request County staff attend MMAC meetings and provide information regarding community issues.  Requests of County staff will be made through the Clerk of the Board by phone at (707) 476-2396 or by email at khayes@co.humboldt.ca.us.

 

 

 

Meeting Frequency

 

Regular and special MMAC meetings shall be held in conformance with the Brown Act and take place in a convenient venue for McKinleyville residents. For proposed zoning and general plan petitions and amendments, time is of the essence, and meetings shall be held to ensure review is completed within two (2) months of receiving the project referral from the Planning Division.

 

Upon agreement with the McKinlevyille Community Services District Board, McKinleyville Communities Services District (MCSD) shall provide an appropriate meeting venue for the MMAC meetings at no cost to the County.

 

Provide Written Advisory Recommendations

 

After the MMAC has reviewed a proposed project, listened to presenters and gathered community input, a written advisory recommendation for support, modifications or denial; with or without suggested changes, shall be submitted to the Planning Commission, Board of Supervisors, or other agency for consideration as appropriate.

 

After the MMAC is presented with an issue, the MMAC may choose to not formally consider, deliberate and vote on the issue or the MMAC may choose to take a neutral position. Failure of the MMAC to comment prior to a public hearing on a proposed project shall not be cause for the hearing to be postponed.  Copies of all correspondence from the MMAC shall be provided to the Clerk of the Board.

 

Promote and Encourage Public Comment

 

The public has a right to be present at all MMAC meetings, to hear all of the dialogue related to any item on the MMAC agenda (with the exception of personnel matters and litigation), and to comment on any item which is discussed.  The MMAC shall encourage public comment and maintain an impartial viewpoint regarding any topic until information or comment has been presented.

 

Conformance with the Brown Act

 

The California State Legislature passed the Ralph M. Brown Act to assure that legislative bodies, like the MMAC, conduct their business and make their recommendations in open public meetings.

 

The MMAC is created by formal action of a legislative body; is covered by the requirements of the Brown Act; and shall conduct its affairs consistent with all Brown Act requirements.

 

Ex Parte Communications

 

Because the Brown Act limits what MMAC members can discuss with anyone outside regularly scheduled meetings, and for reasons of due process and fairness, outside, or “Ex Parte,” communication about an item on the agenda or anticipated to be on the agenda is discouraged.  While MMAC members are encouraged to contact County staff, and staff in other involved public agencies, they should let the public know that any discussion of scheduled items with them should occur during the public meeting. MMAC members are advised to keep a record of anyone MMAC members do speak with regarding an item on the agenda and what was discussed outside the hearing.  If MMAC members do have “Ex Parte” discussions about any item on the MMAC agenda, MMAC members must disclose the substance of each discussion during the public meeting prior to voting on the item.

 

            Governance

 

The MMAC shall adopt rules, regulations and procedures as are reasonable and appropriate for its activity to deliberate and provide recommendations to appropriate agencies, County Departments and the Board of Supervisors.  These rules may only be implemented upon specific approval by the Board of Supervisors. In the absence of other approved governing procedures, Robert’s Rules of Order shall be used to govern the MMAC.

 

The MMAC shall annually at the beginning of the calendar year select its own Chair, Vice Chair and Secretary.

 

The Chair of the MMAC plays an important role in conducting meetings that are orderly, positive and productive. The Chair is responsible for the following:

 

– Draft an agenda

– Ensuring meeting materials are emailed to the County Clerk of the Board for distribution to the MMAC members and other interested parties for review.

– Leading the MMAC meeting in an orderly, efficient and productive manner.

– Drafting language for and signing recommendation and comment letters approved by the MMAC.

– Ensuring posting all meeting agendas in a conspicuous place at the meeting location at least 72 hours in advance of the meeting.

– Providing copies of all correspondence from the MMAC to the Clerk of the Board

 

If the MMAC is unable to reach a quorum at a regular or special meeting, that meeting is cancelled.

 

Records

 

The MMAC is responsible for creating and posting agendas for its meetings, taking minutes of its meetings, and recording of all its decisions.  The MMAC shall file all agendas, minutes and records of its decisions with the Clerk of the Board of Supervisors in a timely manner.  The MMAC shall maintain current contact information for all MMAC members, and provide updated information to the Clerk of the Board in a timely manner. The Clerk of the Board will forward the MMAC recommendations to the appropriate County agencies to which they are directed and will maintain a file that will contain all MMAC agendas, minutes of meetings and records of all MMAC decisions. The MMAC is a local public agency and as such its records are subject to disclosure pursuant to the California Public Records Act.

 

Compensation

 

All members of the MMAC shall serve without compensation.

 

Conflict Of Interest

 

If a MMAC member’s professional or community interests involve issues before the MMAC, there may be a conflict of interest. To allow the MMAC to remain as objective as possible in the comments and recommendations it provides, a MMAC member must refrain from participating in MMAC discussions or decisions in which they have a financial or other interest that would cause them to be biased, to not be impartial, or to have an appearance of bias.

 

If a MMAC member believes there may be a conflict of interest or the appearance of a conflict of interest, the MMAC member shall publicly identify in detail the economic interest that creates the conflict, step down from the dais and must then leave the room.  If a MMAC member has a personal economic interest in a matter on the agenda and wishes to speak on that matter as a private citizen, the MMAC member must follow the rules set forth in the Fair Political Practices Act.

 

 

The MMAC will be added to the County’s Conflict of Interest Code. All MMAC members will be required to comply with the Fair Political Practices Act, which is standard County policy and includes the filing of the Form 700 Statement of Economic Interest.

 

3)  Responsibilities of the County

 

Requests To and From County Departments

 

The MMAC may request that a County Department provide information to the MMAC on a matter within the subject matter jurisdiction of the Committee. County Departments likewise may request time on the MMAC’s agenda to discuss items and issues of concern related to the McKinleyville area.

 

The Planning Division shall determine if an application for a proposed zoning or general plan petition or amendment is within the MMAC area. If so, the application will be referred to the MMAC for consideration at the next available meeting.

 

Planning Division staff shall attend MMAC meetings when proposed zoning and general plan petitions and amendments are considered to present the item and provide interpretation of the county zoning ordinance, the county General Plan and the McKinleyville Community Plan.

 

Current Projects Listings

 

The Public Works Department shall prepare and distribute a list of current and projected projects in the McKinleyville geographical area as an informational item to the MMAC once a month.

 

The Planning Division shall prepare and distribute a list of current projects to the MMAC once a month. This document is an informational item and will include a list all the discretionary permit applications, proposed zoning and general plan petitions and amendments currently under review in the McKinleyville geographical area. (This listing will also be available to the public on the County’s web site at www.Humboldt.ca.gov/planning.)

 

 

 

Email Distribution List

 

The Clerk of the Board shall create and maintain an email distribution list for MMAC members and interested parties.  This list shall be used to distribute meeting agendas, minutes, reports, and other information to MMAC members.

 

Staffing and Funding

 

The County will provide the MMAC some staff resources for purposes of posting, copying, and distribution of agendas, and dedicated funding to cover materials and supplies.  Budgetary commitments of County staff and resources to the MMAC are at the discretion of the Board of Supervisors.  Review of the County costs associated with MMAC operations shall be submitted to the Board of Supervisors by the MMAC and considered annually as part of the County budget review.   CDS shall be directed to seek available grant funding to support the committee’s efforts.

 

4) Composition and Terms of Office of the MMAC Members

 

The MMAC shall be composed of seven (7) voting members and one (1) non-voting member.  There is no limit on the number of terms a voting member may serve.  The terms shall be staggered such that no more than four voting member’s terms expire at the same time.

 

Initially, the 5th District Supervisor shall appoint four (4) voting members to 2-year terms.  After their initial terms have expired, the 5th District Supervisor shall thereafter appoint four (4) members serving 4-year terms.

 

Initially, the full Board of Supervisors, by majority vote, shall appoint two (2) voting members to 4-year terms.  After their initial terms have expired, the full Board of Supervisors, by majority vote, shall thereafter appoint two (2) members serving 4-year terms.

 

Initially, one (1) voting member shall be a McKinleyville Community Services District (MCSD) Board member, or their designee, appointed by majority vote of the full MCSD Board to a 4-year term. After that member’s initial term has expired, the full MCSD Board, by majority vote, shall thereafter appoint a member serving a 4-year term.

 

The MCSD General Manager shall serve as a non-voting member of the MMAC.

 

5) Qualifications for Membership

 

All MMAC voting members shall be residents, property owners, or business owners within the MMAC geographical area.

 

6) Removal from Office

 

The voting MMAC members appointed by the 5th District Supervisor shall serve at the will of that sitting Supervisor, and may be removed by that Supervisor at any time.  In addition, all voting MMAC members serve at the pleasure of the Board of Supervisors and may be removed from office by a majority vote of the Board of Supervisors at any time.

 

Replacement of voting MMAC members removed by the 5th District Supervisor or by the Board of Supervisors by majority vote shall follow the procedures in Section 4 (Composition and Terms of Office of the MMAC Members).  For example if the MMAC voting member removed from office was appointed by the 5th District Supervisor, the 5th District Supervisor shall appoint a replacement voting member to serve the remainder of the term.

 

Failure of a voting MMAC member to attend (4) four consecutive regularly scheduled MMAC meetings shall be reported to the Chair of the MMAC and will result in automatic removal unless the MMAC member missing the meetings wishes extenuating circumstances to be considered. The MMAC member may continue to serve if a majority of the voting MMAC members find extenuating circumstances prevent attendance.

 

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10 Comments

Filed under Uncategorized

10 responses to “Draft McKMAC rules and regs

  1. Ben Shepherd

    McKinleyville gives a big thank you to Ryan Sundberg who got this done in his first year as Supervisor, while his predessors could not get it done. This has been on the to do list since the McKinleyville Community Plan was adopted. Thank you, Ryan.

  2. "Henchman Of Justice"

    Yes,

    and lets give thanks to many other people too with community voices, for without those voices, not even Ryan could have got this done! For the record, most of the legwork was already done Ben, you know that too, but fail to mention it!

    HOJ

  3. "Henchman Of Justice"

    Now that the record is set straight, I disagree with the “full board” by majority vote choosing two voting members. All voting members decided by the BOS should be made by 5th District Supervisor Sundberg imho. The rest of the positions should be filled by the local governing body – in this situation the MCSD.

    HOJ

    HOJ

  4. jackdurham

    By the way, Ryan made it clear that he was open to changes in the rules and regs. So if you have any specific ideas make sure you forward them to Ryan.

    I like the idea of Public Works keeping the McKMAC updated on a monthly basis. I think that will be helpful. I love the idea that the McKMAC will comment on major land use decisions. I also like the idea that the McKMAC will NOT give input on every permit. That would create too much red tape, in my opinion. (If we want that level of control, then we should create our own Planning Commission.)

    Another thing to keep in mind is that all of this can change. We (through the county) can amend the rules and regs down the road. That’s my two cents. – Jack

  5. 713

    Big thanks to Supervisor Sundberg. Great to see government working for the people. HOJ – what legwork was done? I don’t think anything was done until Sundberg started doing it.

  6. "Henchman Of Justice"

    713,

    the past several years no less has been quite full of legwork. This written proposal though is just the written form of the ideas, thoughts, refernces, citations, etc…. that many folks have discussed during the GPU process. Again, just being fair to all those community voices who “persuaded” this written proposal. To be fair, former supervisor Miss Duffy (Geist) is still frequenting the courthouse to help the supes on matters such as this – don’t discount what the former 5th District Supe had to deal with as well…..this proposal may not have occured on her watch, but many of the actions and other cooperative ideas and hearings did. Just being honest…I know it is hard for so many though.

    HOJ

  7. "Henchman Of Justice"

    Good 2 cents Jack,

    but let us make it right now, not later – a revisit is the last thing the community needs after a dysfunctional GPU process that is equivalent to 1/3 working years of a typical employed person…..

    HOJ

  8. 713

    I have no doubt that Jill D helped out. For some reason Sundberg was able to get it done, and I don’t think it had much to do with being in the right place at the right time as you suggest. It has been my observation that he sticks up for his constituents and does not back down in the face of the idiocy that flows from the courthouse from the county staff and the other supervisors. I believe he is the only supervisor who voted against the fatally flawed housing element that would have screwed the town of mckinleyville with the multi-family zoning.

  9. "Henchman Of Justice"

    Part of it is timing within the processes too. Mr. Sundberg was in the right place at the right time, suffice to say. As far as idiocy, I’ll just continue to examine the decisions by all supes, not just the 5th District Supe. I have noticed mistakes by all of them, some more than others. So, sticking-up for constituents is somewhat misleading until we can understand who is a “qualifiable constituent” that actually gets stucked-up for. My guess is that when a problem exists that includes a public employee(s) versus a regular citizen(s), the sticking-up will be for the public employee(s), no doubt. Humboldt needs an elected official who will embarrass staff for their idiocies…not hide it away through expalining it away, big difference in leadership when comparing who that leadership “really supports”………

    HOJ

    HOJ

  10. "Henchman Of Justice"

    Reply boxes on several blog sites have funny and weird things happening which makes it difficult to write….the cursor moves on its own conditions, apparantly. I have to use the arrow keys to move around because the space bar, return key are kicking the text back to the top of comment box…..any clues as to why the comment boxes are acting with a mind of their own, techy style?

    HOJ

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