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HomeMy WebLinkAboutMINUTES - 06262012 - SD.3RECOMMENDATION(S): CONSIDER requesting Governor Edmund G. Brown Jr. to appoint Candace Andersen, Supervisor-elect for District II, to serve the remaining term of office for deceased District II Supervisor Gayle B. Uilkema. AUTHORIZE the Chair of the Board, Mary N. Piepho, to send a letter to the Governor to make the request. REVIEW the current Master List of Board Committee Assignments to determine if any changes should be made at this time to cover assignments until such time as Supervisor-elect Andersen takes office. FISCAL IMPACT: The Supervisor for District II is budgeted at $174,828 for the 2012-13 fiscal year. The cost associated with an early appointment is approximately $14,569 per month. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/26/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lara 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: June 26, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 3 To:Board of Supervisors From:Supervisor Mary N. Piepho, Chair Date:June 26, 2012 Contra Costa County Subject:Appointment of District II Supervisor-Elect Candace Andersen to the Board of Supervisors BOARD COMMITTEE ASSIGNMENTS FOR 2012 RESOLUTION NO. 2012/8--Amended for Oversight Agencies 6/13/2012 New Term Type*Committee Name Appointee Expiration I Family & Human Services Committee, Vice Chair Gayle B. Uilkema 12/31/2012 I Family & Human Services Committee, Chair Federal D. Glover 12/31/2012 I Finance Committee, Vice Chair Federal D. Glover 12/31/2012 I Finance Committee, Chair John Gioia 12/31/2012 I Internal Operations Committee, Vice Chair Gayle B. Uilkema 12/31/2012 I Internal Operations Committee, Chair Karen Mitchoff 12/31/2012 I Legislation Committee, Vice Chair Karen Mitchoff 12/31/2012 I Legislation Committee, Chair Mary N. Piepho 12/31/2012 I Public Protection, Vice Chair Federal D. Glover 12/31/2012 I Public Protection, Chair Gayle B. Uilkema 12/31/2012 I Transportation, Water & Infrastructure Committee, Vice Chair Mary N. Piepho 12/31/2012 I Transportation, Water & Infrastructure Committee, Chair Federal D. Glover 12/31/2012 I Airport Committee, Vice Chair Karen Mitchoff 12/31/2012 I Airport Committee, Chair Mary N. Piepho 12/31/2012 Type I: Standing Committees; Type II: Internal appointments; Type III: Regional appointments; Type IV: Special/Restricted appointments. Page 1 of 5 BOARD COMMITTEE ASSIGNMENTS FOR 2012 RESOLUTION NO. 2012/8--Amended for Oversight Agencies 6/13/2012 New Term Type*Committee Name Appointee Expiration II Bay Area Counties Caucus John Gioia 12/31/2012 II Bay Area Counties Caucus, Alternate Karen Mitchoff 12/31/2012 II Bay Area Regional Interoperable Communications System (BayRICS) Authority Gayle B. Uilkema 12/31/2012 II BayRICS Authority, Alterate Ed Woo 12/31/2012 II California Identification System Remote Access Network Board (Cal-ID RAN Board)Gayle B. Uilkema 12/31/2012 II Central Contra Costa Solid Waste Authority Gayle B. Uilkema 12/31/2012 II Central Contra Costa Solid Waste Authority Mary N. Piepho 12/31/2012 II City-County Relations Committee Karen Mitchoff 12/31/2012 II City-County Relations Committee Federal D. Glover 12/31/2012 II City-County Relations Committee, Alternate Mary N. Piepho 12/31/2012 II Contra Costa Health Plan Joint Conference Committee Federal D. Glover 12/31/2012 II Contra Costa Health Plan Joint Conference Committee Karen Mitchoff 12/31/2012 II Dougherty Valley Oversight Committee Mary N. Piepho 12/31/2012 II Dougherty Valley Oversight Committee Gayle B. Uilkema 12/31/2012 II East Bay Regional Communication System (EBRCS) Authority Governing Board Karen Mitchoff 12/31/2012 II EBRCS Authority Governing Board, Alternate Gayle B. Uilkema 12/31/2012 II East Contra Costa County Habitat Conservancy, Governing Board Federal D. Glover 12/31/2012 II East Contra Costa County Habitat Conservancy, Governing Board, Alternate Mary N. Piepho 12/31/2012 II East Contra Costa Regional Fee & Finance Authority Mary N. Piepho 12/31/2012 II East Contra Costa Regional Fee & Finance Authority, Alternate Federal D. Glover 12/31/2012 II East County Water Management Association Federal D. Glover 12/31/2012 II East County Water Management Association, Alternate Mary N. Piepho 12/31/2012 II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Federal D. Glover 12/31/2012 II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Mary N. Piepho 12/31/2012 Type I: Standing Committees; Type II: Internal appointments; Type III: Regional appointments; Type IV: Special/Restricted appointments. Page 2 of 5 BOARD COMMITTEE ASSIGNMENTS FOR 2012 RESOLUTION NO. 2012/8--Amended for Oversight Agencies 6/13/2012 New Term Type*Committee Name Appointee Expiration II First 5 Children and Families Commission Alternate Member Federal D. Glover 12/31/2012 II Hazardous Waste Management Facility Allocation Committee Karen Mitchoff 12/31/2012 II Hazardous Waste Management Facility Allocation Committee, Alternate Gayle B. Uilkema 12/31/2012 II Library Needs Assessment Steering Committee Karen Mitchoff 12/31/2012 II Medical Services Joint Conference Committee, Vice Chair Mary N. Piepho 12/31/2012 II Medical Services Joint Conference Committee, Chair John Gioia 12/31/2012 II North Richmond Waste and Recovery Mitigation Fee Committee John Gioia 12/31/2012 II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair Federal D. Glover 12/31/2012 II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair Karen Mitchoff 12/31/2012 II State Route 4 Bypass Authority Mary N. Piepho 12/31/2012 II State Route 4 Bypass Authority, Alternate Federal D. Glover 12/31/2012 II SWAT (Southwest Area Transportation Committee)Gayle B. Uilkema 12/31/2012 II SWAT, Alternate Karen Mitchoff 12/31/2012 II TRAFFIX (Measure J Traffic Congestion Relief Agency)Karen Mitchoff 12/31/2012 II TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate Gayle B. Uilkema 12/31/2012 II TRANSPAC (Central County Transportation Partnership and Cooperation)Karen Mitchoff 12/31/2012 II TRANSPAC, Alternate Gayle B. Uilkema 12/31/2012 II TRANSPLAN (East County Transportation Planning)Mary N. Piepho 12/31/2012 II TRANSPLAN, Alternate Federal D. Glover 12/31/2012 II Tri-Valley Transportation Council Gayle B. Uilkema 12/31/2012 II Urban Counties Caucus Federal D. Glover 12/31/2012 II Urban Counties Caucus, Alternate Karen Mitchoff 12/31/2012 II WCCTAC (West County Transportation Advisory Committee)John Gioia 12/31/2012 II WCCTAC, Alternate Federal D. Glover 12/31/2012 II West Contra Costa Integrated Waste Management Authority Federal D. Glover 12/31/2012 II West Contra Costa Integrated Waste Management Authority, Alternate John Gioia 12/31/2012 Type I: Standing Committees; Type II: Internal appointments; Type III: Regional appointments; Type IV: Special/Restricted appointments. Page 3 of 5 BOARD COMMITTEE ASSIGNMENTS FOR 2012 RESOLUTION NO. 2012/8--Amended for Oversight Agencies 6/13/2012 New Term Type*Committee Name Appointee Expiration III ABAG Regional Planning Committee Gayle B. Uilkema 12/31/2012 III Bay Area Air Quality Management District Board of Directors John Gioia 6/17/2013 III Bay Area Air Quality Management District Board of Directors Mary N. Piepho 1/8/2016 III Water Emergency Transportation Authority (WETA), Community Advisory CommitteeJohn Gioia 12/31/2012 III WETA, Community Advisory Committee, Alternate Federal D. Glover 12/31/2012 III Central Contra Costa Transit Authority (CCCTA) Board of Directors Gayle B. Uilkema 5/1/2013 III CCCTA Board of Directors, Alternate Karen Mitchoff 5/1/2013 III Contra Costa Transportation Authority (seat 1)Federal D. Glover 1/31/2013 III Contra Costa Transportation Authority, Alternate (Seat 1)John Gioia 1/31/2013 III Contra Costa Transportation Authority, Second Alternate (Seat 1)Gayle B. Uilkema 1/31/2013 III Contra Costa Transportation Authority, Third Alternate (Seat 1)Mary N. Piepho 1/31/2013 III Contra Costa Transportation Authority (Seat 2)Karen Mitchoff 1/31/2014 III Contra Costa Transportation Authority, Alternate (Seat 2)Gayle B. Uilkema 1/31/2014 III Local Agency Formation Commission Federal D. Glover 5/6/2014 III Local Agency Formation Commission Gayle B. Uilkema 5/6/2014 III Local Agency Formation Commission, Alternate Mary N. Piepho 5/7/2016 III Metropolitan Transportation Commission Federal D. Glover 2/1/2015 III San Joaquin Valley Rail Committee Mary N. Piepho 12/31/2012 III San Joaquin Valley Rail Committee Federal D. Glover 12/31/2012 III Tri Delta Transit Authority, Board of Directors (Seat 1)Federal D. Glover 12/31/2012 III Tri Delta Transit Authority, Board of Directors (Seat 2)Mary N. Piepho 12/31/2013 III Regional Airport Planning Committee John Gioia 12/31/2012 Type I: Standing Committees; Type II: Internal appointments; Type III: Regional appointments; Type IV: Special/Restricted appointments. Page 4 of 5 BOARD COMMITTEE ASSIGNMENTS FOR 2012 RESOLUTION NO. 2012/8--Amended for Oversight Agencies 6/13/2012 New Term Type*Committee Name Appointee Expiration IV ABAG (Association of Bay Area Counties) General Assembly Federal D. Glover 12/31/2012 IV ABAG General Assembly Karen Mitchoff 12/31/2012 IV ABAG General Assembly, Alternate Gayle B. Uilkema 12/31/2012 IV ABAG General Assembly, Alternate John Gioia 12/31/2012 IV ABAG Executive Board (Seat 1)Gayle B. Uilkema 6/30/2014 IV ABAG Executive Board (Seat 2)John Gioia 6/30/2014 IV ABAG Executive Board, Alternate 1 Karen Mitchoff 6/30/2014 IV ABAG Executive Board, Alternate 2 Mary N. Piepho 6/30/2014 IV Bay Conservation & Development Commission John Gioia 12/31/2012 IV Bay Conservation & Development Commission, Alternate Gayle B. Uilkema 12/31/2012 IV CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees John Gioia 6/30/2014 IV CSAC (California State Association of Counties) Board of Directors Federal D. Glover 12/31/2012 IV CSAC Board of Directors, Alternate Karen Mitchoff 12/31/2012 IV Delta Diablo Sanitation District Governing Board Federal D. Glover 12/31/2012 IV Delta Diablo Sanitation District Governing Board, Alternate Karen Mitchoff 12/31/2012 IV Delta Protection Commission Mary N. Piepho 12/31/2012 IV Delta Protection Commission, Alternate Karen Mitchoff 12/31/2012 IV Sacramento-San Joaquin Delta Conservancy Board Mary N. Piepho Unspecified IV Sacramento-San Joaquin Delta Conservancy Board, Alternate Karen Mitchoff Unspecified IV Doctors Medical Center Management Authority Governing Board John Gioia Unspecified IV First 5 Children and Families Commission Member Karen Mitchoff 12/31/2012 IV Kensington Solid Waste Coordinating Committee John Gioia*Unspecified IV Law Library Board of Trustees Mark Armstrong 12/31/2012 IV Mental Health Commission Karen Mitchoff 12/31/2012 IV Mental Health Commission, Alternate Mary N. Piepho 12/31/2012 IV North Coast Shoreline Joint Powers Authority Federal D. Glover 12/31/2012 IV North Coast Shoreline Joint Powers Authority John Gioia 12/31/2012 IV Contra Costa County Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified IV Contra Costa County Redevelopment Successor Agency Oversight Board Federal D. Glover**Unspecified IV Clayton Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified IV Concord Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified IV Pittsburg Redevelopment Successor Agency Oversight Board Federal D. Glover Unspecified IV Pleasant Hill Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified IV Walnut Creek Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified IV San Pablo Redevelopment Successor Agency Oversight Board John Gioia**Unspecified * Or his designee ** Appointed by CCC Fire Protection District BOD Type I: Standing Committees; Type II: Internal appointments; Type III: Regional appointments; Type IV: Special/Restricted appointments. Page 5 of 5 BACKGROUND: Sadly, on May 19, 2012, District II Supervisor Gayle B. Uilkema passed away. Supervisor Uilkema's term of office officially expires on January 7, 2013. Since Contra Costa County is a general law county, it is the Governor's responsibility to appoint someone to fill the seat for the remainder of the unexpired term of office. Under Government Code Section 24203, the term of office of the office of county supervisor is a fixed term of four years. The "term of office" of a county supervisor runs with the office, not with the incumbent. The term of office for the incumbent-supervisor expires on the same day that the term for the newly-elected supervisor begins: the first Monday after January 1st succeeding the election. For this election cycle, that date is January 7, 2013. The newly-elected supervisors will take office at noon on January 7, 2013. For the District II Supervisor seat, there was a contested election held on June 5, 2012. The election to select a county supervisor is held in June prior to the expiration of the term of the incumbent, per Government Code section 24202 and Election Code section 1300. According to Election Code, if a candidate for supervisor receives a majority of the vote (50% plus one) in the June election, the candidate is elected to office. (If no candidate receives a majority of the vote, the top two vote-getters in the June election appear on the ballot in the November election; the candidate who receives a majority of the vote in the November election is elected to office.) Regardless of whether the new supervisor is elected in June or November, the term of office for the newly-elected supervisor begins on the first Monday after January 1st succeeding the election. According to the County Election's Office semi-official results of the June 5, 2012 election (website last updated 6/11/2012 5:54:12 PM PDT), candidate Candace Andersen received 59.69% of the votes for the Second Supervisorial District seat. Government Code section 1770 contains a list of events causing a vacancy in office before the end of a term. The death of the incumbent is an event that creates a vacancy. Government Code section 25060 authorizes the Governor to fill a vacancy that occurs after the mid-term general election. There is no legal deadline for the Governor to take this action, and whether to grant the request is at the discretion of the Governor. There is no statute that permits a supervisor-elect to automatically fill the vacancy without appointment by the Governor. Regarding the process of appointment, the law does not specify a method of notifying the Governor of a vacancy or requesting that an interim appointment be made. Governor Brown's office, however, has been notified of Supervisor Uilkema's death. Furthermore, the Governor's appointment office has been notified of the semi-official results of the Second Supervisorial District race. At this time, the Board of Supervisors may wish to request that the Governor appoint Supervisor-elect Candace Andersen to fill the remainder of the term of office of Supervisor Gayle B. Uilkema. If the Governor makes an appointment, Supervisor-elect Andersen would serve until the next term begins on January 7, 2013. In addition, the Board of Supervisors may also wish to review the Master List of Committee Assignments for Members of the Board of Supervisors (attached) to determine whether any changes need to be made to cover assignments until the time that Supervisor-elect Andersen begins her service. CONSEQUENCE OF NEGATIVE ACTION: The District II Supervisor's seat will continue to remain vacant. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM Candace Andersen, Supervisor-elect for District II, was sworn in this morning to serve the remaining term of Candace Andersen, Supervisor-elect for District II, was sworn in this morning to serve the remaining term of office for deceased District II Supervisor Gayle B. Uilkema; AUTHORIZED the Chair to send a letter to the Governor thanking him for quick action serving Contra Costa County; REVIEWED the current Master List of Board Committee Assignments and made amendments. Supervisor Anderson will fulfill the assignments designated to be filled by the District II Supervisor with the following exceptions and alterations: Seats with a stipend will remain unfilled, to be addressed at the beginning of the next fiscal cycle Bay Area Regional Ineroperable Communications Sytem (BayRICS), in which Supervisor Mitchoff has been the alternate, Supervisor Andersen will assume the role of alternate and Supervisor Mitchoff as primary Traffix (Measure J Traffic Congestion Relief Agency) -Supervisor Andersen as primary and Supervisor Karen Mitchoff as Alternate. ATTACHMENTS Master List of Board Committee Assignments