Penn Valley Municipal Advisory Council (PVMAC) PUBLIC NOTICE MEETING AGENDA
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1 Penn Valley Municipal Advisory Council (PVMAC) PUBLIC NOTICE MEETING AGENDA Notice is now given that a regular meeting of the MAC of members has been called and will be held on Thursday, April 19, 2018 at 6:00 p.m. in the Buttermaker s Cottage, located at Penn Valley Drive, Penn Valley, CA. Members: Michael Mastrodonato, Member & Chair Gordon Beatie, Member & Vice Chair Michael Sullivan, Member Stephanie Stevens, Member Susan George, Member Rick Nolle, Member Susan Hoek, Member Andrew Burton, Member Nancy Peirce, Member 1. Call to Order, Roll Call and Pledge of Allegiance 2. Consent Agenda (Single Motion Needed) All matters listed under the Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a member of the MAC, audience, or staff requests a specific item to be removed from the Consent Agenda for separate action. Any item removed will be considered after the motion to approve the Consent Agenda. a. Approval of Agenda and Order of Business Action b. Approval of Minutes from 02/15/2018 Action 3. Public Comment This time is set aside for persons wishing to address the MAC on any matter of interest that is not on the agenda. The MAC invites comments from the agenda items after discussion by the MAC Members. Speakers will be limited to three (3) minutes, unless extended by the MAC chair. The MAC Chair reserves the right to further limit or exclude repetitious or irrelevant presentations. If written material is included, 20 copies of all information to be distributed to MAC members should be given to the Secretary prior to the meeting. Action will not be taken at this meeting on citizen comments. The MAC, however, after hearing from interested citizens, may place items under new business on a future agenda so proper notice may be given to all interested parties. If no one wishes to comment, the next scheduled agenda item will be considered. 4. Brown Act Training - Alison Barratt-Green, County Counsel Information 5. District IV Update from Supervisor Weston Update 6. Bylaws Bylaws Ad Hoc Subcommittee Present Draft 4 of Bylaws Action 7. Communication/Marketing Subcommittee Follow Up Update Page 1 of 2
2 8. Penn Valley Area MAC Independent Contractor/County Vendor Recruitment Update 9. Next MAC MEETING May 17, 2018, 6:00 p.m. at the Buttermaker s Cottage, located at Penn Valley Drive, Penn Valley, CA. 10. Adjournment 7:30 p.m. Times stated are approximate and subject to change. Agenda order is tentative and may be changed by MAC action without prior notice. This meeting will conform to the Open Meeting Act. Agenda discussions and report items are subject to action being taken on them during the meeting by the MAC at its discretion. The MAC provides the public the opportunity at meetings to address each agenda item during the MAC s discussion or consideration of the item. Total time allocated for public comment on particular issues is limited. The meeting is accessible to the physically disabled. A person who needs disabilityrelated accommodations or modifications in order to participate in the meeting shall make a request no later than five (5) working days before the meeting to the MAC to be considered. Requests for further information should be directed to Mike Mastrodonato, Interim Acting Chair of the PVMAC at (530) AFFIDAVIT OF POSTING Meeting Notice/Agenda of the PVMAC regular meeting, scheduled for January 18, 2018, was posted per Open Meeting Law requirements at the following locations: Eric W. Rood Administrative Center, 950 Maidu Avenue, Nevada City CA Buttermaker s Cottage, located at Penn Valley Drive, Penn Valley, CA. Penn Valley True Value located at Penn Valley Drive, Penn Valley CA AGENDA POSTED: Monday, April 16, 2018 Page 2 of 2
3 COUNTY OF NEVADA Penn Valley Area Municipal Advisory Council istrict4/pages/penn-valley-area-municipal- Advisory-Council-.aspx Michael Mastrodonato, Chair Gordon Beatie, Vice - Chair Susan Hoek, Member Michael Sullivan, Member Stephanie Stevens, Member Susan George, Member Richard Nolle, Member Andrew Burton, Alternate Member Nancy Peirce, Alternate Member REGULAR MEETING: Nevada County Penn Valley Area Municipal Advisory Council DATE: February 15, 2018, 6:00 p.m. PLACE: Buttermaker s Cottage, Western Gateway Park, Penn Valley Drive, Penn Valley, CA IN ATTENDANCE: Michael Mastrodonato, Gordon Beatie, Stephanie Stevens, Susan George, Susan Hoek, Andrew Burton, Nancy Peirce SUMMARY MINUTES 1. Call to Order, Roll Call and Pledge of Allegiance Chair Mastrodonato called the meeting to order. Roll Call for attendance was done. All MAC Members present except for Michael Sullivan and Richard Nolle; Alternates were present and were roll called in as voting members. Pledge of Allegiance was led by Susan George. 2. Consent Agenda a. Approval of Agenda and Order of Business b. Approval of Minutes from 1/18/2018 Susan Hoek motioned to approve the Consent Agenda and was seconded by Susan George; Motion Passed unanimously. 3. Public Comment No Public Comment. 4. Supervisor Weston Update Supervisor Weston not in attendance. Jeffrey Thorsby reports that Supervisor Weston did not have an update but Susan George asked that he provide an update on the Board of Supervisors Workshop. Supervisor Weston asked at the workshop: 1. The alternate members become regular members, and 2. Make the MAC permanent, there was not consensus. The Pilot will continue through June 30, The Penn Valley Area Plan was discussed at the Board Workshop. Penn Valley will be the first Plan to be updated because of the pipeline project. It should move forward this year, it is a long process. The current plan is quite old and it should be done now because of the pipeline expansion project. There will be community meetings. 1
4 5. Bylaws Under Revision by County Counsel Copy of Bylaws was provided to County Counsel. Changes will be recommended. A draft of changes will be returned to the Bylaws subcommittee. After changes are made it will return to the MAC for approval. Counsel will be attending the MAC meeting in April. The Bylaws should be available for review at that meeting. 6. Loitering Ordinance Update by Sheriff Representative Lt. Sam Brown is in attendance. His role is the Operations Lieutenant. He works on various tasks and projects. He is working on the review of the Loitering Ordinance update. There are Trespass Laws in California and most of Loitering is based off the Trespass Laws. County Counsel is reviewing the Loitering Ordinance for update. The Ordinance should not be used until it is updated. COPS Projects: Community Orienting Policing and Problem Solving. COPS Projects in Penn Valley include Western Gateway Park. There is additional patrol and the Sheriff s Department uses the SAR model (Stand, Analyze, Re-assess). A report is written and the project is started. When the issues are resolved the project is closed but it can be re-opened at any time. There is another COPS project behind the Post Office in Penn Valley. There is a no-trespass letter on file for this project. Individual problems can be dealt with at businesses case by case basis. Police presence can deter negative behavior. Please have businesses call if and when there are issues. Sheriff s Department would like to be proactive. COPS Projects are not known in the community. There has not been public outreach regarding the project. The Sheriff s Department wants to hear about issues everywhere, not just within the projects. There needs to be a trend before a project is opened. The community needs to communicate issues to the Sheriff s Department when there are problems so they can be addressed. The question was asked if the MAC help with community communication and reinforce the flow of information? It is similar to a neighborhood watch program. The Sheriff s Department can help identify what works for the community to get the information to the Sheriff s Department. There has to be a criminal issue to address. The Sheriff s Department can assist businesses with plans to deter loitering and trespassing. Changes can be made with lighting, music, plants, etc. They can attend meetings to assist with changes and communication. The Sheriff s Department needs information and reporting so they can act. COPS projects can be a strategy for the Sheriff s department to ramp up involvement addressing a problem being experienced. The COPS project can outline a game plan that can be utilized and revised as needed for Deputies to address an issue. Surveillance video can be of assistance to law enforcement when it is provided. Sometimes the same issue appears on video in more than one location. Lighting on businesses would be a helpful improvement. The update to the Area Plan should include updated lighting. Lighting is a deterrent to crime. Discussion regarding crime and prevention continued. Western Gateway Park has been proactive with changes to deter criminal activity. Discussion was held regarding reporting activities to law enforcement. When you place a call, ask for the incident to be logged. The logs are public but some are redacted. 2 Discussion held regarding County Code and enforceability. Sometimes loitering can also be trespassing, prowling or other areas of crime. Signs can be posted and may act as a deterrent. The
5 Code may not be enforceable by Law Enforcement at this time because the Code is being updated. Codes are available on the County Counsel website. Law Enforcement presence can help with safety. If reports are made regarding repeat issues Law Enforcement can address that issue proactively with greater presence. Non-emergency number is Office number is (goes to dispatch after hours). This number can also be called to request a Deputy response. Nevada County Sheriff s Office has a Facebook page that can also be utilized. Discussion was held regarding Social Media and its effectiveness and accuracy in Nevada County. Word of mouth is still very effective here. Community Communication is very important to the Sheriff s Department to document trends in crime and focus services. There is an increase in crime activity in rural areas and it is expected to continue to increase. Neighborhood groups and community communication to Law Enforcement is needed. Daytime crimes are also common. Jeff will contact County Counsel. Trespass letters should be sent. Empty parcels are often problem areas that need trespass letters. There can be issues with fire hazard as well as criminal activities. Communication from community is needed to become aware of problem areas. Discussion held regarding further presentations on other topics related to Law Enforcement areas such as Narcotics Taskforce or Code Violations. 7. Communications/PR Subcommittee Update Article to be published in the Chamber of Commerce insert in the Union next Friday regarding the MAC. Presentation to Lake Wildwood Directors scheduled February 27, Presentation to Lake Wildwood Community Relations Committee scheduled March 6, Meeting with Mike Dobbins regarding posting meeting dates in TWI. Need to reach out to Service Clubs. Need to create a Facebook page. Jeff will provide the County Social Media Policy and County Seal and other graphics. Taylor Wolfe from the County Executive Office will be able to assist. 8. Secretary Recruitment Jeff spoke to the Auditor/Controller. Secretary will need to become a County Vendor and complete an electronic deposit form. The funding is within the MAC budget. Invoices will be submitted to Jeff for payment. $1,200 is allotted for Secretary Duties. Will $50 per meeting be within the budget? That is what Placer County pays. They will do agenda, minutes, County interface. Discussion was held regarding agenda process and secretarial duties. Jeff will provide details of duties. Andy motioned, Nancy seconds to pay $75 per meeting for secretarial services. Motion passed, all aye. 9. Next MAC Meeting March 15, 2018, 6:00 p.m.at the Buttermaker s Cottage, located at Penn Valley Drive, Penn Valley, CA 3 Discussion regarding members being able to attend and whether there will be business in March. It was suggested that if no business was brought forth for consideration by Supervisor Weston, then the meeting may be canceled.
6 10. Adjournment Susan George motioned to adjourn the meeting, second by Nancy Peirce. Meeting Adjourned. 4
7 BYLAWS OF THE PENN VALLEY AREA MUNICIPAL ADVISORY COUNCIL I. STATEMENT OF PURPOSE A. The purpose of the Penn Valley Area Municipal Advisory Council (herein referenced as MAC ) shall be: 1. To review and make recommendations to the District IV Supervisor, Planning Commission and Board of Supervisors regarding the following in the area of responsibility: a. Discretionary project applications; b. Implementation of the General Plan land use designations; c. Zoning Ordinances Updates; and d. Other issues as directed by the District IV Supervisor and/or Board of Supervisors. 2. To review and make recommendations regarding the community of interest area designated as the Penn Valley Area Municipal Advisory Council which incorporates the boundaries of the Western Gateway Regional Recreation & Park District and the Penn Valley Fire Protection District to the extent and only within the boundaries of Supervisorial District IV. B. This MAC has been authorized to operate in accordance with California Government Code and Resolutions , , and , as adopted by the Board of Supervisors. C. The boundaries of the MAC shall be all that property located within the combined boundaries of the Western Gateway Regional Recreation & Park District, the Penn Valley Fire Protection District to the extent that such boundaries are located only within Nevada County Supervisorial District IV. D. County Staff available to the MAC, as applicable, shall be as follows: 1. Staff Analyst from the Board of Supervisors Office. 2. The Office of the Clerk of the Board. 3. The Office of the County Counsel. II. DEFINITIONS The following words shall have the following definitions for the purpose of these Bylaws. A. Board is the Nevada County Board of Supervisors. B. MAC is the Penn Valley Area Municipal Advisory Council C. Community of Interest is the residents and communities located within the boundaries of the MAC. III. SCOPE OF AUTHORITY A. POWERS AND DUTIES 1. The MAC shall be only advisory and shall report directly to the District IV Supervisor. Page 1 of 7
8 2. The MAC shall serve at the pleasure of the District IV Supervisor and Board of Supervisors and shall not represent the County on any issue to the public, public or private institution, agency or organization, state and/or federal government. The Council shall be an advisory body only to the District IV Supervisor and shall not have any power to approve, deny, delay or take any other formal action on land use, development or other issues reviewed by the Council but rather shall only provide advisory recommendations as a representative cross-sector of the community of the area of responsibility. 3. When requested by the District IV Supervisor, the MAC shall review and make written recommendations to the District IV Supervisor, regarding matters related to projects or issues within the scope of its general purpose located within the boundaries of the MAC s community of interest that include a) discretionary project applications, b) implementation of the General Plan land use designations, c) zoning ordinance updates and d) any other issue or program as requested by the District IV Supervisor. 4. The MAC may independently research and report to the District IV Supervisor on subjects outside of its general purpose (to provide recommendations on land use and development issues including discretionary project applications, implementation of the General Plan land use designations and zoning ordinance updates) that may be beneficially or negatively impacting the MAC s community of interest, as recommended by the majority of the MAC and approved by the District IV Supervisor. 5. The MAC shall respond to all Board communications and board orders as directed, as well as comply with all Federal, State and local regulations including but not limited to the Brown Act, California Fair Political Practices Commission regulations and all applicable noticing requirements related to the review and recommendations regarding land use issues. 6. The MAC shall promote and encourage public participation and inclusion and shall solicit community input on matters being reviewed by the MAC, including but not limited to promoting and encouraging public comment at its regular and special meetings. 7. The MAC shall carry out all other duties as may be assigned by the District IV Supervisor. 8. The MAC may exercise any other powers as may be authorized by the Board and allowed by state law. IV. ORGANIZATION A. This MAC shall consist of nine (9) appointed members. B. Officers of the MAC shall be chosen from and by the current members of the MAC and shall consist of the following: 1. A Chair who shall be elected at the July meeting by a majority vote of the members of the MAC and who shall prepare agendas, preside at MAC meetings, represent the MAC and its position before County bodies, including the Planning Commission, Zoning Administrator and Board of Supervisors at the request or approval of the District IV Supervisor and perform other tasks necessary for the conduct of MAC business. The Chair shall not serve more than one (1) consecutive term unless other members are unwilling to serve as Chair, in which case the current Chair may continue to serve on a year-to-year basis. 2. A Vice Chair who shall be elected at the July meeting by a majority vote of the members of the MAC and who shall assume the duties of the Chair in his or her absence. The Vice Chair shall not serve more than one (1) consecutive term unless other members are Page 2 of 7
9 unwilling to serve as Vice Chair, in which case the current Vice Chair may continue to serve on a year-to-year basis. C. The Chair and Vice-Chair shall serve from the day after elected for one calendar year or until the next election. V. MEMBERSHIP A. COMPOSITION OF MAC AND QUALIFICATIONS OF MEMBERS 1. The MAC shall be comprised of a minimum of five (5) and maximum of nine (9) regular members, whose composition shall include members of the community that represent a fair cross-section of the community of interest as determined by the District IV Supervisor. 2. All members shall reside in the Penn Valley Area Municipal Advisory Council area of responsibility. 3. All members of the MAC shall be appointed by and shall serve at the will and pleasure of the District IV Supervisor and acknowledged by the Board of Supervisors. 4. All members shall serve a term of two (2) years until the end of the pilot program on July 1, Upon taking office as a newly elected District IV Supervisor, the Supervisor may, at their discretion, review the MAC membership and request the members of the MAC to reapply for appointment as a regular member of the MAC. 6. All members must be able to dedicate the time necessary to attend meetings and otherwise perform the duties as outlined in Sect. III above. 7. All MAC members shall notify the Chair and Vice Chair within a reasonable period of time if they will be not be in attendance of a regular or special meeting to allow for the Chair to determine and approve the absence as an Excused Absence. Should a MAC Member fail to notify the Chair of their absence before a regular or special meeting within a reasonable period of time or the Chair determines and declines to approve the absence, then the absence shall be considered an Unexcused Absence and shall be notated within the meeting s records. 8. The MAC shall maintain a current membership roster at all times available for inspection at its regular meetings. 9. All MAC members shall be required upon taking office, leaving office and annually every year in office, to submit a completed a signed Statement of Economic Interests - Form 700 either in hardcopy or electronically to the Nevada County Clerk of the Board, per State law. 10. All MAC members shall be required, per State law, to complete and submit a Proof of Participation Certificate of training that satisfies AB 1234 Ethics Education training every two years. B. REMOVAL OF MEMBERS 1. For the following reasons, the MAC may, by a majority vote at a properly noticed meeting, make a recommendation to the District IV Supervisor or Board of Supervisors that a member be removed from the MAC: Page 3 of 7
10 a. Unexcused absences of two (2) consecutive meetings or more than half the meetings in any 12 month period; or b. Two Thirds (2/3) majority vote by the MAC members. 2. The District IV Supervisor may remove any MAC members at their sole discretion at any time. 3. Upon resignation, MAC members shall provide written notification to the District IV Supervisor, the Clerk of the Board and the MAC Chair informing of their resignation and its effective date. VI. CONDUCT OF BUSINESS A. QUORUM 1. A majority of the MAC members present in person shall constitute a quorum, and the actions of this quorum shall stand as the action of the MAC. B. MEETINGS 1. The MAC shall convene a meeting at least quarterly or more often as deemed necessary by the Council or the District IV Supervisor. The Council may establish a time and place for regular meetings. a. Regular meetings of the MAC shall be at 6p.m. on the third Thursday of the month except for the months of November and December. All meetings will be held at the Western Gateway Recreation and Park District s Buttermaker s Cottage, Penn Valley Drive, Penn Valley, CA b. Regular and Special meeting dates, times and locations of the MAC shall be decided upon either the first meeting of the calendar or first meeting of the July fiscal year by a majority vote of the MAC. 2. Special meetings of the Council may be called by the Chair with approval of the District IV Supervisor or by the District IV Supervisor. The Chair or the District IV Supervisor may establish the date, time and location for special meetings. 3. A special meeting may be called by the Chair or by a majority of the members of the MAC in accordance with Government Code section Members of the MAC shall vote by roll call vote on any vote that requires action by the MAC including but not limited to voting on advisory recommendations, and/or the creation of ad hoc committees. Members of the MAC shall vote by voice vote on any routine administrative actions including but not limited to the approval of agenda and minutes. 5. The MAC shall abide by and comply with the Nevada County Board of Supervisors Order and Decorum Policy when conducting themselves during meetings including but not limited to be prompt at meeting times, speaking when called upon by the Chair, not using e- communication devices during meetings (i.e. smartphones), not talking over on another, adhering to the Chair s requests, and being respectful to members of the public, MAC members, and County staff. 6. All MAC regular and special meetings shall provide an opportunity for members of the public to directly address the MAC on any item interest of the public as required by state Page 4 of 7
11 law. C. WRITTEN REPORTS AND RECOMMENDATIONS 1. The MAC may provide the District IV Supervisor, with a written report that outlines the MAC s position, items of concern, and recommendations. The MAC may provide a summary of any dissenting positions or provide a secondary minority report to be submitted along with the majority report to the District IV Supervisor. 2. Upon review of the MAC s written report, the District IV Supervisor may approve and direct the MAC to submit in part or in full the written report to the applicable County agency, including but not limited to the District IV Planning Commissioner, the Planning Commission, the Planning Department and Zoning Administrator, as an official comment of record. 3. At the request or approval of the District IV Supervisor, the Chair or other designated member of the MAC may represent the MAC, its written recommendation and position before County bodies, including the Planning Commission, Zoning Administrator and Board of Supervisors. D. OPEN MEETING LAW AND AGENDA 1. This MAC is subject to the California State Statute requiring open meetings (Brown Act). 2. Notices and Agendas shall be published and distributed at least 72 hours before all regularly scheduled meetings. 3. Notices and Agendas shall be posted and distributed at least 24 hours before all special scheduled meetings. 4. All meetings shall allow for a public comment period to address the MAC on any items not on the Agenda. Individuals shall be allotted a three (3) minute time period and individuals representing an organization, entity or group of people shall be allotted five (5) minutes. For any item on the Agenda, public comment period shall be allotted at the time the item is heard by the MAC. For any item that is not on the Agenda, public comment period shall be allotted as decided by the Chair and outlined in the Agenda for any given meeting. 5. The MAC shall hold a public hearing if they are reviewing a proposed development project that has been submitted to the Planning Commission for review and approval and any other applicable project pursuant to Nevada County Land Use and Development Code. The notice of the time and place thereafter, including a general description of the locations of the project or proposed project, shall be given at least ten (10) days before the hearing. Such notice shall be given by publication once in the newspaper or general circulation published and circulated within the County. In addition to notice by publication, the MAC may give notice of the hearing is such other manner as it may deem necessary or desirable. Any interested person may appear at such hearing and shall be heard. E. CONFLICT OF INTEREST 1. In accordance with the Political Reform Act and other County policies, MAC members shall disclose and recuse themselves from discussion and vote on any matter that they have a vested personal or financial interest in the recommendation outcome. F. COMPENSATION Page 5 of 7
12 1. All officers and members of this MAC shall serve without compensation. VII. AD HOC COMMITTEES A. Any ad hoc committee established by the MAC shall a) consist of at least two but limited to less a majority of MAC members, b) shall have a defined purpose and time frame to accomplish its purpose and c) shall not have any authority to take any actions on behalf of the MAC. B. If constituted, ad hoc committees shall be advisory to the MAC and operate under the same provisions of the MAC under state law, unless otherwise noted. C. MAC members shall be selected and serve on subcommittees on a voluntary basis. VIII. AMENDMENTS A. MAC recommendations for amendments to these bylaws may be made as follows: 1. The proponent shall send the text of any proposed amendment to the MAC Chair at least ten (10) days prior to any regularly scheduled meeting. The Chair may agendize the bylaws to the upcoming meeting or a future MAC meeting. The proponent shall have scheduled time to present arguments followed by discussion. This process is the "first reading. The MAC may, by majority vote, refer the amendment to a subcommittee or ad hoc committee of the MAC. 2. The bylaw amendment shall again be agendized for the next meeting after the first reading at which time the MAC may tentatively accept, reject, or re-refer to subcommittee the amendment upon its second reading. If the bylaw amendment is tentatively accepted, it shall be referred to the District IV Supervisor who may accept, reject, or revise the amendment which will then be sent to County Counsel who may then accept, reject or revise the document. Once approved by both the District IV Supervisor and County Counsel, the bylaws may then be submitted back to the MAC for a third reading. 3. The bylaws may again be agendized for the next meeting for a third reading at which time the MAC may accept, or re-refer to subcommittee the amendment for comment. The bylaws will then be submitted to the District IV Supervisor who may then accept or revise and submit the bylaws to the Board of Supervisors for approval and ratification. 4. Once the bylaws have been approved and ratified by the Board of Supervisors, a copy of the executed bylaws shall be provided to the MAC members. 5. Notwithstanding the above process and procedure, the bylaws may be amended by recommendation of the District IV Supervisor and/or County Counsel and approval and ratification by the Board of Supervisors. 6. APPROVAL OF BYLAWS A. These bylaws may be approved or amended with the recommendation by the District IV Supervisor and County Counsel and shall be approved and ratification by the Board of Supervisors. B. Upon ratification of these Bylaws by the Board, an original and signed copy shall be filed with the Clerk of the Board of Supervisors of Nevada County. Page 6 of 7
13 IX. APPROVAL AND RATIFICATION Penn Valley Area Municipal Advisory Council MAC Mike Mastrodonato, Chair Date County Counsel Alison Barratt-Green, County Counsel Date District IV Supervisor Hank Weston, District IV Supervisor Date Nevada County Board of Supervisors Ed Scofield, Chair Date Page 7 of 7
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