HomeMy WebLinkAboutMINUTES - 04212009 - C.31RECOMMENDATION(S):
INTRODUCE Ordinance No. 2009-11, which would amend the County’s Better Government Ordinance (BGO) to
exempt Municipal Advisory Councils (MACs) whose membership composition is the same as the the elected
members of a Community Service District (CSD); WAIVE reading and FIX Tuesday, April 28, 2009 for adoption.
FISCAL IMPACT:
None.
BACKGROUND:
Effective January 1, 2006, the Community Services District (CSD) law expressly contemplates that members of a
CSD board of directors may serve on a municipal advisory council and that the offices of Director and Council
member are not incompatible (Gov. Code § 61040 (d)). Therefore, if the Board of Supervisors and the Board of the
CSD desire that the members of a MAC be the elected members of a CSD, this can be accomplished by amending the
resolution establishing the MAC. (This was accomplished in April 2007 for the Diablo MAC.)
On November 4, 2008, the Board of Supervisors, at the recommendation of the Ad Hoc Committee on Municipal
Advisory
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/21/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: Julie Enea (925) 335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: April 21, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C.31
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:April 21, 2009
Contra
Costa
County
Subject:INTRODUCE ORDINANCE TO EXEMPT CERTAIN MUNICIPAL ADVISORY COUNCILS FROM THE BETTER
GOVERNMENT ORDINANCE
BACKGROUND: (CONT'D)
Councils (MACs), referred to the IOC the matter of an amendment to the County’s Better Government Ordinance
(BGO) to exempt from compliance with the BGO those MACs whose members make up the governing body of a
Community Services District (CSD).
Under the current BGO, a MAC with the same membership composition as a CSD Board would operate as a County
advisory body, subject to the County’s policies for advisory bodies and to the Better Government Ordinance (BGO).
It would hold its meetings on the same night and in the same location where the CSD Board of Directors meets.
However, requiring the MAC’s compliance with the BGO may result in confusion about applicable procedures. The
BGO does not apply to CSD meetings, and when functioning as the MAC, the elected CSD directors would have to
follow different open meeting procedures than they follow for CSD meetings.
MACs must still comply with the Brown Act and Public Records Act.
On March 11, the IOC considered this matter, accepted public testimony, and directed the County Counsel to draft an
amendment to the BGO to exempt certain MACs from adherence to the BBO in those limited situations when the
MAC members are also the elected board of directors of a CSD. That amendment is attached hereto and
recommended to the Board today for introduction.