CALTRAIN CENTRAL EQUIPMENT MAINTENANCE AND OPERATIONS
FACILITY
MONITORING COMMITTEE
BYLAWS
ARTICLE I
PARLIAMENTARY AUTHORITY
§1.1 These Bylaws govern the proceedings
of the Caltrain Central Equipment Maintenance and Operations Facility Monitoring
Committee (hereinafter referred to as "Committee"), an advisory
Committee established by the City Council of the City of San Jose (hereinafter
referred to as "City"), in cooperation with the Peninsula Corridor
Joint Powers Board (hereinafter referred to as "JPB") and set forth
in their Cooperative Agreement dated September 19, 2000.
§1.2 Robert’s
Rules of Order will guide procedures in all Committee meetings.
§1.3
The provisions of the Ralph M. Brown Act, Government Code Section 54950, et.
seq. (“Brown Act”), shall be applicable to all Committee meetings and actions.
ARTICLE II
DUTIES AND AUTHORITY
§2.1
RESPONSIBILITY AND DUTIES OF COMMITTEE MEMBERS
The
primary responsibility of the Committee members is to provide ongoing communication
with the community regarding the design, implementation and operation of the
maintenance facility.
The
duties of this Committee shall be:
1.
Monitor maintenance facility design, construction and operations.
2.
Receive and review issues of concern identified by nearby impacted residents,
the City of San Jose, the Santa Clara Valley Transportation Authority
(hereinafter referred to as "VTA"), or the Peninsula Corridor Joint
Powers Board.
3.
Work with staff of the appropriate agency to identify and implement solutions
for minor issues that can be addressed at staff level of authority.
4.
Provide Quarterly reports to the residents, JPB, City Council and the VTA Board
of Directors regarding problems or issues as well as the implementation of any
solutions or recommendations to address issues raised.
5.
Identify issues that are significant enough to require the cooperation and
support of one or more of the following agencies: JPB, City, VTA and;
6.
Facilitate the necessary discussion by the concerned agency or agencies and
seek to effectively address the identified issue of concern to the nearby
residents, the City, the JPB or VTA.
In general, the Committee will serve as the initial and
central body for monitoring maintenance facility design, construction and
operations to ensure that the provisions of the Cooperative Agreement are
implemented. The Committee will report to the legislative bodies of the
JPB, City Council and the VTA (at least quarterly) regarding maintenance
facility construction and operations. The report will include a listing
or summary of the number and substance of all concerns or issues received from
nearby residents, the City, the JPB or VTA. The report will also contain
any actions the staff of the appropriate agency will take to address the
identified concerns.
For
those administrative or policy concerns that are significant enough to require
the cooperation and support of one or more of the agencies (JPB, City, or VTA) above
the staff level, the Committee will be responsible for facilitating the
appropriate discussion at the JPB, or among the JPB members, the City Council
and/or the VTA Board of Directors to identify solution(s) along with the
necessary resources to address the identified concerns.
Once
solution(s) and resources have been identified the Committee will be
responsible for monitoring the implementation of the remedy and reporting to
the respective agencies and the community.
§2.2
LIMITATIONS
The
Committee serves in an advisory capacity to the City, JPB and VTA. It
shall have no independent duties and no authority to take actions that bind the
City, JPB or VTA or capacity to act as a representative of the City, JPB or
VTA. The Committee shall make no expenditures or requisitions for
services and supplies and no individual member thereof shall be entitled to
reimbursement for expenses except as authorized by the City, JPB or VTA.
§2.3
DUTIES OF THE CITY COUNCIL AND JPB
The City
Council and JPB will approve the Bylaws and all amendments to Bylaws.
ARTICLE III
MEMBERSHIP
§3.1
MEMBERSHIP
The Committee shall be composed of one member of the San
Jose City Council as appointed by the Council, one member of the JPB as
appointed by the JPB, one member of the VTA Board of Directors as appointed by
the VTA Board of Directors, and one member representing each of the
Shasta/Hanchett Park, Garden Alameda, College Park and Arena
neighborhoods. Neighborhood members shall be appointed by their
respective neighborhood associations. All neighborhood members shall live
within the respective boundaries of the Shasta/Hanchett Park, Garden Alameda, College
Park and Arena Neighborhood Association during their terms on the Committee.
If a
neighborhood association declines to appoint a member to the Committee, the
existing Committee members may appoint a neighborhood member from anywhere
within the boundaries of the four neighborhoods to fill that position. If
during the term of that jointly appointed member’s position the original
declining neighborhood association proposes appointment of a member from within
their boundaries, the new member will replace the jointly appointed member for
the remainder of the term. The maximum number of neighborhood members on the
Committee at any given time shall be four.
§3.2
MEMBERS’ TERMS
The
term of membership of each Committee member shall be as follows:
1.
Of the initial 4 Neighborhood members, 2 will have one-year terms and 2 will
have two-year terms. Of the initial City, JPB, and VTA members, 1 will
have a one-year term and 2 will have two-year terms. The length of each
member's initial term will be determined by the Chairperson.
2.
All initial terms will commence on the first Committee meeting of the first
calendar quarter of any year and end on the first or second successive March 30th
depending on length of term.
3.
All subsequent appointments will be for a two-year term, commencing on the first
Committee meeting in the first quarter of the year and ending on the second
successive March 30th.
4.
Members may serve up to three consecutive terms.
5.
Members may serve unlimited non-consecutive terms.
§3.3
VACANCIES
A vacancy
in a member’s position shall be filled for the remainder of the vacating
member’s term in accordance with Article III, Sec. 3.1.
§3.4
ABSENCES
An
absence occurs if a member is not present at a regular or special
meeting. If a member is absent from four Committee meetings in a
twelve-month period from the date of the member’s appointment, or any
subsequent single year, the member’s position shall automatically be vacated.
That member shall receive a letter of dismissal from the Chairperson, and a
successor shall be appointed to fill the remainder of the member’s term in
accordance with Section 3.1.
§3.5
CHAIR PRO TEMPORE
In the
event that both the Chairperson and the Vice-Chairperson are absent from a
regularly scheduled meeting or a special meeting, the Committee by a majority
vote, shall elect a temporary Chairperson to preside over the meeting.
ARTICLE IV
OFFICERS
§4.1
CHAIRPERSON AND VICE-CHAIRPERSON
The
Committee shall elect from its membership a Chairperson and a Vice-Chairperson
at its first meeting of the calendar year, to serve for a one-year term.
The Chairperson shall preside at all meetings of the Committee and when
required, in adherence with these Bylaws, represent the Committee. In the
event of a vacancy in the Chairperson’s position, the Vice-Chairperson shall
succeed as Chairperson for the balance of the Chairperson’s term and the
Committee shall elect a successor to fill the vacancy in the Vice-Chairperson’s
position.
§4.2
AUTHORITY OF THE CHAIRPERSON
The
Chairperson shall have the authority to cancel regular scheduled
meetings and call or cancel special meetings upon consent of the City and the
JPB committee members; sign all written correspondence approved by the
Committee, including the minutes of Committee meetings.
§4.3
OFFICE OF THE VICE-CHAIRPERSON
Should
a vacancy occur in the office of the Chairperson the Vice-Chairperson shall
assume the duties of the Chairperson for the remainder of the Chairperson's
term. In the event of a vacancy in the Vice-Chairperson’s position, the
Committee shall elect a successor from its membership to fill the
Vice-Chairperson’s position for the remainder of the Vice-Chairperson’s
term. The Vice-Chairperson shall assume the responsibilities of the
Chairperson in the absence of the Chairperson at a regular scheduled or special
meeting.
ARTICLE V
SECRETARY
§5.0 APPOINTMENT
OF SECRETARY
A
member of City or JPB staff shall be appointed by the Committee as the Secretary.
§5.1
DUTIES AND RESPONSIBILITIES
The
Secretary shall have the following duties and responsibilities:
1.
The Secretary shall attend all regular scheduled and special meetings of the
Committee and keep a record of all business that transpires at such meetings.
2.
The Secretary shall attest all written correspondence and all minutes of all
Committee meetings, which have been approved by the Committee and shall have
custody of same for a period of 3 years.
3.
The Secretary shall keep and have custody of all books, records, and paper of
the Committee for a period of 3 years, and certify true copies thereof whenever
necessary.
4.
Any duly appointed representative of the City or JPB may perform the
responsibilities of the Secretary.
ARTICLE V I
MEETINGS
§6.1
REGULAR MEETINGS
The
Committee shall schedule regular meetings at least four times each calendar
year.
§6.2
SPECIAL MEETINGS
The
Chairperson, with the consent of the City Council and JPB committee members,
may call a special meeting. The meeting shall be called and noticed as
provided in Section 6.3 below.
§6.3 NOTICING
OF MEETINGS
All
Committee meetings shall be called and noticed in accordance with the applicable
provisions of the “Brown Act”.
§6.4
QUORUM; VOTE; COMMITTEE OF THE WHOLE
A
quorum consists of a simple majority of the number of existing voting
members. All official acts of the Committee shall require a quorum and
the affirmative vote of a simple majority of the attending members. At
any regular meeting at which there is a lack of quorum, the members present may
constitute themselves a “Committee of the whole” for the purpose of discussing
matters on the agenda, but they may not take official action. The
"Committee of the whole" shall cease to exist when a quorum becomes
present at the meeting.
§6.5
ACTION ITEMS NOT LISTED ON THE AGENDA
Except
as provided below, and in accordance with the Brown Act, a matter requiring
Committee vote shall be listed on the posted agenda before the Committee may
take action upon it. The Committee may only take action on items not
appearing on the posted agenda under either of the following
conditions:
1.
Upon a determination by a majority vote of the Committee that an emergency
exists.
2.
Upon a determination by a two-thirds vote of the Committee, or if less than
two-thirds of the members are present, a unanimous vote of those members
present, there is a need to take immediate action on an item that came to the
attention of the Committee after the agenda was posted.
The
Committee may direct staff to place an item of business for
discussion and/or action on a subsequent agenda.
§6.6
MOTIONS
No
debate of a motion shall be permitted prior to a second of the motion.
When a motion is made and seconded, the Chairperson shall state the motion
before opening the floor to debate, and such debate shall be limited to members
of the Committee, provided the public was given an opportunity to present
testimony on the agenda item pursuant to the Brown Act. Members can speak
in debate of a motion only upon being recognized by the Chairperson.
After the motion has entered the voting process, there shall be no further debate
except that members may be allowed to explain their vote.
§6.7
VOTING
Every
member of the Committee who is present at a meeting when a motion comes up for
a vote shall vote for or against the motion unless he/she is disqualified from
voting and abstains from voting because of such disqualification.
§6.8
TIME LIMITS FOR SPEAKERS
The
Chairperson shall open the floor to public discussion during the Committee’s
consideration of an agenda item, or during the Open Petitions, if the
discussion is within the purview of the Committee and provided
that the public has an opportunity to testify prior to the final decision on an
agenda item. Each member of the public appearing at a Committee meeting
shall be limited to three minutes in his or her presentation, unless the
Chairperson, at his or her discretion, permits additional time. Any
person addressing the Committee may submit written statements, petitions, or
other documents to complement his or her presentation.
§6.9
PETITIONS AND COMMUNICATIONS
All
written petitions and communications on the agenda of a meeting shall be filed
with the Secretary at such meeting.
§6.10
DOCUMENTS PRESENTED TO THE COMMITTEE
All
documents and reference materials presented to the Committee at any meeting by
any person shall be filed by the Secretary at such meeting.
At the direction of the Chairperson, true copies may be filed in lieu of the
originals thereof.
§6.11
IMPERTINENCE; DISTURBANCE OF MEETING
Any
person making personal, impertinent or indecorous remarks while addressing the
Committee may be barred by the Chairperson from further appearance before the
Committee at that meeting, unless permission to continue is granted by an
affirmative vote of the Committee. The Chairperson may order any person
removed from the Committee meeting who causes a disturbance or interferes with
the conduct of the meeting. The Chairperson may direct the meeting
room cleared when deemed necessary to maintain order.
§6.12
ACCESS TO PUBLIC RECORDS DISTRIBUTED AT MEETINGS
Writings
which are public records and which are distributed during a Committee meeting
shall be made available for public inspection at the meeting or immediately
following the meeting.
§6.13
MEETING OPEN TO THE PUBLIC
All
meetings of the Committee shall be open and public. All persons shall be
permitted to attend any Committee meeting except as may be otherwise prohibited
by the laws of the Brown Act.
§6.14
ORDER OF BUSINESS
At the
regular meetings of the Committee, the following shall be the order of
business:
1.
Call to
Order
2.
Roll Call
3.
Approval of
Order of Business
4.
Approval of
Minutes
5.
Oral
Petitions
6.
Staff Report
7.
Chairperson’s
Report
8.
Committee
Report
9.
Old Business
10.
New Business
11.
Adjournment
The
Chair may at any time alter the above order of business at any meeting to the
extent necessary to comply with the provisions of Article VI, relating to
public meetings.
ARTICLE VII
AGENDAS AND MEETING NOTICES
§7.1
AGENDA FORMAT
The
agenda shall specify the starting time and location of the meeting and shall
briefly describe the subject matter of each item of business to be transacted
or discussed at the meeting.
§7.2
PUBLIC PRESENTATIONS
Each
agenda for a regular meeting shall provide an opportunity for members of the
public to address the Committee under the agenda item heading “Oral
Petitions”. At special Committee meetings, members of the public may
address the Committee concerning any item that has been described in the notice
and agenda for the meeting during consideration of that item.
§7.3
AGENDA PREPARATION
Designated
staff will prepare the agenda and supporting documents for each meeting in
consultation with the Chairperson. Material intended for placement on the
agenda shall be delivered to staff on or before 5:00 p.m. on the 10th calendar day immediately
preceding the regular meeting at which the matters on such agenda shall be
considered by the Committee. Staff may withhold placement on the agenda
of any matter, which is not timely received, lacks sufficient information, or
is in need of staff review and report, or approval of the City or JPB prior to
Committee consideration.
§7.4
AGENDA POSTING AND DELIVERY
The
written agenda for each regular meeting and each meeting rescheduled for more
than five calendar days shall be posted by the Secretary at least 72 hours
prior to the scheduled meeting time. The Secretary shall post the written
agenda for each special meeting at least 24 hours prior to the scheduled
meeting time. The agenda shall be posted on the outdoor bulletin board at
City Hall. The agenda together with supporting documents shall be
delivered to each member at least 72 hours prior to the date set for each
regular meeting, and 24 hours before special meetings.
§7.5
MEETING NOTICES
The
Secretary shall mail, using the United States Postal Service or electronic
means, notices of every regular meeting at least three days before the
scheduled meeting to each person that has filed with staff a written request
for notification. Notices for special meetings will be given, as staff
deems practical, to each person who has filed with staff a written request for
notification.
ARTICLE VIII
MISCELLANEOUS
§8.1
ADOPTION AND AMENDMENT OF BYLAWS
The
City Council and JPB shall adopt these Bylaws. The Bylaws may be amended
by the affirmative vote of four members of the Committee and approval by both
the City Council and JPB.
11/28/04 Approved by committee
11/4/05 Approved by JPB
11/1/05 Approved by City of San Jose
