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HomeMy WebLinkAboutMINUTES - 12072010 - C.30RECOMMENDATION(S): ADOPT Resolution No. 2010/576 modifying the Membership and Term of Office, and eliminating provisions in the establishing resolution governing Removal from Office, and Quorum and Vote Necessary for Action for the Knightsen Town Advisory Council, as recommended by Supervisor Piepho. FISCAL IMPACT: No fiscal impact to the County from these changes. BACKGROUND: The California Government Code (§31010) provides that the Board of Supervisors may, by resolution, establish a municipal advisory council (MAC) for any unincorporated area in the County to advise the Board of Supervisors on such matters that relate to that area as may be designated by the Board of Supervisors concerning services which are or may be provided to the area by the County or other local governmental agencies, including but not limited to advice on matters APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/07/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: L. DeLaney, 925-335-1097 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: December 7, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.30 To:Board of Supervisors From:Supervisor Mary N. Piepho Date:December 7, 2010 Contra Costa County Subject:Amending the Knightsen Town Advisory Council Establishing Resolution BACKGROUND: (CONT'D) of public health, safety, welfare, public works, and planning. Section 31010 further provides that the Board of Supervisors may determine the method by which a MAC’s members shall be selected and may specify such other rules, regulations and procedures as may be necessary for the operation of a MAC. The members of the Knightsen TAC and the Knightsen Community Services District (CSD) Board of Directors have expressed interest in having the elected Knightsen CSD Directors perform the Knightsen TAC functions for a six month period, from January 1, 2011 to June 30, 2011. Effective January 1, 2006, the Community Services District 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 desires that the members of the Knightsen TAC be the elected members of the Knightsen CSD, this can be accomplished by amending the resolution establishing the TAC. Therefore, Resolution 2010/ would make the following changes to the Knightsen TAC establishing resolution: • The “Membership” provision would be amended to specify that the Council shall consist of five members who shall be current elected members of the Knightsen CSD, appointed by the Board of Supervisors, upon nomination by the District III Supervisor. • The “Term of Office” provision would be amended to specify that a TAC Member’s term shall be six months: January 1, 2011 to June 30, 2011. • The former “Removal of Office” provision would be deleted, as it would not be consistent with representation by elected CSD Board members. • The former “Quorum and Vote Necessary for Action” provision would also be deleted, as it is more efficient for the new Knightsen TAC members to operate pursuant to the quorum and vote requirements of the Knightsen CSD. • Notwithstanding the above amendments, the Knightsen TAC would continue to operate as a County advisory body, subject to the County’s policies for advisory bodies. CONSEQUENCE OF NEGATIVE ACTION: If these changes are not adopted, the Knightsen TAC would operate under its existing resolution, which does not represent the interests of the KTAC and the Knightsen CSD members to have the CSD Directors perform the Knightsen TAC functions for a six month period. CLERK'S ADDENDUM ATTACHMENTS Resolution No. 2010/576 Knightsen Territorial Area Exhibit A - Draft Knightsen TAC (KTAC) Boundary Map