HomeMy WebLinkAboutMINUTES - 04282009 - C.11RECOMMENDATION(S):
ADOPT Ordinance No. 2009-11 as introduced on April 21, 2009, amending the County’s
Better Government Ordinance (BGO) to exempt Municipal Advisory Councils (MACs)
whose membership composition is the same as the elected members of a Community
Service District (CSD).
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.)
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/28/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
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 28, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: Internal Operations Committee Staff, Supervisor Piepho's Office
C.11
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:April 28, 2009
Contra
Costa
County
Subject:ADOPTION OF ORDINANCE TO EXEMPT CERTAIN MUNICIPAL ADVISORY COUNCILS FROM
THE BETTER GOVERNMENT ORDINANCE
On November 4, 2008, the Board of Supervisors, at the recommendation of the Ad Hoc
Committee on Municipal Advisory
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.
The ordinance amendment was introduced on April 21, 2009 and is recommended to the
Board for adoption today.
ATTACHMENTS
Ordinance 2009-11